The above-captioned case was scheduled for hearing on August 29, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Richard, Burlingame, Evans, Newbrook, Wahlberg and O'Connor were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barroso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook 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 an undated report, covering this facility, 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 August 29, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the above 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 existing egress from this facility, including the conforming fire escape which is accessed by the approved windows.  In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system.

2. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to access the fire escapes of this facility through a bathroom.  As a condition of this variance, the Board directs the Applicant to provide the bathroom with an approved, conforming window, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.

3. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing wall construction of the egress system of this facility.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting with an approved "Class A" finish, at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.

3a. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing winding stairs within the egress system of this facility.

4a. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty minutes, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.

4b. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow 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 120 days of the date of this decision.

4c. The Board hereby 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 egress door.

5. 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 to provide each of the apartment units of this facility with an approved fire extinguisher.  The above fire extinguishers shall be installed within 15 days of the date of this decision.

6. 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, in accordance with the provisions of section 23-28.25-4(a), within 120 days of the date of this decision.

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)].