The above captioned case was scheduled for hearing on March 26, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Richard, Newbrook, and Evans were present. The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barrosso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a February 25, 2002 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and Woonsocket Fire Marshal’s Office, during the March 26, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 25, 2002 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency shall be noted herein.

	Any deficiency, understood by the Board, to have been corrected which is not so corrected shall be immediately corrected by the Applicant.  The term approved as used 
herein is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Section 23-28.l6-2 in order to allow the Applicant to maintain the existing egress system of this facility as modified herein.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain the fire escape system of this facility.  In granting this variance, the Board directs the Applicant to provide an approved metal grating over the non-rated roof leading from the kitchen to the fire escape ladder.  This variance is granted on the basis of structural hardship.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing rating of the stairways within this facility.  In granting this variance on the basis of structural hardship, the Board notes that this facility shall be provided with an approved fire alarm system.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(d) in order to allow the Applicant to maintain the existing construction of the third floor tenant’s common means of egress.  This variance is also granted on the basis of structural hardship in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing solid core wood doors located in the existing egress system doorjambs of this facility.  The Board further directs the Applicant to provide the above doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within thirty (30) days from the date of this Decision.  Finally, the Board hereby grants a variance from the above provisions in order to allow the egress doors of this facility to maintain their existing swing.

6.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 and NFPA Standard l0, l988 edition, in order to allow the Applicant to provide each of the apartment units of this facility with an approved fire extinguisher or to allow the Applicant to install fire extinguishers in accordance with NFPA Standard l0, l988 edition.  In any event, the Applicant is directed to provide the fire extinguishers within fifteen (l5) days from the date of this Decision.

7.	It is the understanding of the Board that deficiency #7 is Grandfathered and not being requested by the Woonsocket Fire Marshal’s Office.
The Board further directs the Applicant to remove the FDC and the water gong from this facility.  Finally, it is the understanding of the Board that this facility is protected by an approved municipally connected fire alarm system installed to the satisfaction of the Woonsocket Fire Marshal or designee.

8.	It is the understanding of the Board that the Applicant has corrected deficiency #8 by repairing the cited furnace room enclosure.

9.	It is the understanding of the Board that the Applicant has corrected deficiency #9 by replacing the cited furnace room door.

This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicant’s timely and continued compliance with all of the directives of the Board.  Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.

Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  In the event of complete, timely and continued compliance with the full Decision of the Board, the above-cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.

	The Applicant may appeal the Board’s Decision within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]