As indicated in the file, a hearing involving the above-captioned property was conducted on January 13, 2015 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Booth, Filippi, Jackson, Pearson, Richard and Thornton.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal David Degrange of the Woonsocket Fire Marshals Office and Deputy State Fire Marshal Michael Sweeney of the State Fire Marshal's Office.
APPLICANT: Gerald L'Esperance.
TRAVEL OF THE CASE

1.	This is an Application for Variance filed under Chapter 23-28.3, entitled the Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Gerald L'Esperance (owner) of PO Box 1701, Woonsocket, RI dated December 16, 2014.
3.	The Application was received by the Board and File  140159 opened on January 22, 2015.
4.	A hearing on the Application was conducted on January 13, 2015 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
5.	After all evidence was presented at the hearing, a motion was made by Commissioner Filippi and seconded by Commissioners Booth and Jackson to grant the Applicant relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  140159 and are pertinent to the decision rendered:

1.	Variance Application  140159 dated December 16, 2014 and filed on December 22, 2014.
2.	Woonsocket Fire Marshals Office Inspection Report notice letter dated November 18, 2014.

EXHIBITS

The following documents were presented at the January 13, 2015 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the November 18, 2014 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 January 13, 2015 hearing on this matter.  Accordingly, the Board hereby incorporates the November 18, 2014 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.
2.	It was brought to the Boards attention at the time of the hearing that this property was previously before the Board on December 4, 2012 wherein Decision  120144 was issued dated March 15, 2013 which granted the Applicant one hundred eighty (180) days to bring all deficiencies into compliance.  This Decision has not been complied with.
3.	The building is an existing 3-story apartment (6-unit) occupancy.
4.	The building is of Type V construction and is not provided with sprinkler protection and does not have a compliant fire alarm system.
5.	There is no objection by the Woonsocket or State Fire Marshals Offices to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board grants the Applicant a time variance of six (6) months from the date of the decision to comply with the provisions of RILSC section 31.3.4.4.1 by installing an approved fire alarm system throughout the facility, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
2.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.5.1 by providing this facility with approved smoke alarms, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
3.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC section 31.3.4.6.1 by providing this facility with approved CO alarms, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.
4.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RIFC section 18.2.2.1 by providing this facility with an approved key access box, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
5.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the decision to comply with the provisions of RILSC section 31.3.2.1 by protecting the basement laundry/storage/furnace area with domestically-supplied sprinkler head(s), at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
6.	The Board hereby grants the Applicant the time variance as set forth in item  1 to comply with the provisions of RILSC section 7.1.3.2.1 by providing documentation that all wood paneling has been treated with an approved flame spread material (intumescent paint) and to block off the window located within the stairway with an approved rated material, at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
7.	The Board hereby grants the Applicant the time variance as set forth in item  1 to comply with the provisions of RILSC section 31.3.3.2 by providing documentation that all wood paneling within the stairway has been treated with an approved flame spread material (intumescent paint), at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
8.	The Board hereby grants the Applicant the time variance outlined in item 1 above to comply with the provisions of RILSC sections 31.2.2.2 and 7.2.1.8 by installing approved self-closing devices (spring-loaded hinges) on all apartment doors of this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal's Office.

In consideration of the relief granted herein, the Board directs the Applicant to have the Woonsocket Fire Marshals Office verify the operational status of all battery-operated smoke alarms and CO alarms in the facility within fourteen (14) days from the date of this hearing.

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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	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 6-2-22).
2.	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 6-2-23.)  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 6-2-24).
3.	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 6-2-25).
4.	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.  (See: Board Rules and Regulations, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].