The above captioned case was scheduled for hearing on October 9, 2001 at l:30 p.m.  At that time, a subcommittee of the Board reviewed this case.  Subsequently, a quorum of the Board was asked to review the subcommittee’s recommendations.  A quorum of the Board consisted of Vice Chairman Richard and Commissioners Filippi, Newbrook, Evans and O’Connell.  A motion was made by Commissioner Evans and seconded by Commissioner Newbrook to accept the subcommittee’s recommendations.  The motion was unanimous.  The fire service was represented by Assistant Deputy State Fire Marshal Tom Morris of the Woonsocket Fire Marshal’s Office during the subcommittee review of this matter.

FINDING OF FACT
	
The numbers of the Decision below correspond with those of a February l5, 2001 inspection report compiled 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 October 9, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the February l5, 2001 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.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 as modified herein.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices on those bedroom doors through which access to the fire escape is achieved.  In granting this variance it is the further understanding of the Board that the fire escape access windows are sufficient dimension.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to access the fire escapes through bedrooms.  In granting this variance, the Board directs the Applicant to remove the locks and locking devices as outlined in item #l above.

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 construction and rating of the cited stairways of this facility.  In granting this variance, it is the understanding of the Board that the Applicant has provided the wainscoting of this facility with an approved Class “A” finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.

4.	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 approved fire extinguishers, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.  In granting this variance, it is the understanding of the Board that the cited fire extinguishers are currently within this facility.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-14 and NFPA Standard l3, l989 edition, in order to allow the Applicant to provide the egress system of this facility, along with both sides of the apartment doors, with approved domestic sprinkler coverage, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.  The above domestically supplied sprinkler heads shall be properly engineered and installed to the satisfaction of the Woonsocket Fire Marshal’s Office.

6.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.

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)]