The above-captioned case was scheduled for hearing on February 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Pearson, Preiss, Blackburn, Dias and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 6, 2010 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the February 8, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the December 6, 2010 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit a plan of action for the correction of deficiency 1 by providing this facility with an approved local fire alarm system, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in which to implement the above plan of action at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  Finally, the Board notes that the Woonsocket Fire Marshals Office shall have the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in which to correct deficiency 2 by providing this facility with approved smoke and carbon monoxide detection at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain 1 3/8 solid core doors in the existing door jambs common to the egress system of this facility and to further provide those doors with approved closers at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	4.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the main entry doors of this facility.  In granting this variance, the Board notes that there are only four (4) apartment units utilizing the main entry doors and that they are familiar with the operation thereof.
	5.  The Board hereby grants a variance from the provisions of sections 31.2.3 and 7.2.2 and their referenced standards in order to allow the Applicant to maintain the existing plaster construction and remoteness of the stairways within this facility.  This variance is based upon structural hardship in light of the Applicants agreement to provide this facility with the approved active fire protection outlined above.
	6.  The Board hereby grants a variance from the provisions of sections 31.2.5 and 7.5.2 in order to allow the Applicant to maintain the existing cited access through the apartment kitchens to the second means of egress.  In granting this variance, the Board notes that the Woonsocket Fire Marshals Office has no objection on the basis of structural hardship.
	7.  The Board hereby grants a variance from the provisions of section 31.3.2.1 and its referenced standards in order to allow the Applicant to provide the boiler of this facility with domestically supplied sprinkler heads at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.  
	8-14.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiencies 8, 9, 10, 11, 12, 13 and 14 at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 by removing the stored items in the stairways of this facility.

STATUS OF DECISION AND APPEAL RIGHTS
	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 Applicants 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.  (See: Board Rules and Regulations, section 6-2-17).
	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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards 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 [R.I.G.L. 42-35-15(c)].