The above-captioned case was scheduled for hearing on April 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Blackburn, Filippi, Pearson, Walker, Jasparro, Preiss and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Frank Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi 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 January 21, 2011 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 April 12, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 21, 2011 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by installing a fire alarm system within this facility.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved smoke and carbon monoxide detectors installed at the direction, to the satisfaction and within a timetable established by the Woonsocket Fire Marshals Office.
	3.  The Board hereby grants the Applicant a variance in order to maintain the existing 1 3/8 inch solid core wood doors in this facility.  In the event of future replacement of the doors, the Applicant is directed to upgrade the doors to 1 3/4 inch at that time.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the cited main entry doors.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshals Office has no objection in light of the fact that these doors do not block egress and that it would be a structural hardship to re-swing the doors.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing construction and rating of the stairways of this facility as treated.
	6.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing apartment configuration to allow a means of escape through the kitchen section of each apartment to the hallway.  This variance is granted on the basis of structural hardship.
	7.  The Board hereby grants a variance in order to allow the Applicant to provide the basement area of this facility with approved domestically supplied sprinkler heads, installed at the direction, to the satisfaction and within a timetable established by the Woonsocket Fire Marshals Office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the Woonsocket Fire Marshal with documentation of the emergency plans available to the tenants.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing this facility with approved fire extinguishers.
	10.  It is the understanding of the Board that deficiency 10 may have been corrected by the Applicant, and if not fully corrected, it would be corrected within a very short period of time.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing this facility with an approved key access box.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing emergency lights in the stairways and basement section 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)].