The above-captioned case was scheduled for hearing on March 27, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners O’Connell, Newbrook, Coutu, Evans, Pearson, Fillippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Morris of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Fillippi 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 12, 2000 inspection report complied by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the March 27 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the December 12, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein. In granting this variance, the Board directs the Applicant to provide the system’s wainscoting with an approved Class-A finish, and to further remove all locks from bedroom doors used to access the fire escapes, at the direction to the satisfaction of the Woonsocket Fire Marshal.

2.The Board hereby directs the Applicant to correct deficiency 2 as it relates to the rating of the apartment and basement doors of this facility.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant provide the above doors with approved a spring loaded hinges.  Finally, the Board grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the cited exterior door.

3.The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA standard 10, 1988 edition, in order to allow the Applicant provide each of the apartment units and the basement of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 15 days of the date of this decision.

4.As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.

5.The Board hereby grants a time variance in order to allow the Applicant to comply with the Board's directives in items 1, 2 and 4 within 120 days from the date of occupancy of the fourth floor unit, or within a maximum of 150 days from the date of this decision, whichever comes sooner.

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 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. (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 Board’s 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 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 [R.I.G.L. 42-35-15(c)].