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 Brosseau of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard 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 May 23, 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 August 29, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the May 23, 2000 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, it is the understanding of the Board that the Woonsocket Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with approved fire alarm system as outlined in item six below.

2. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize the existing fire escape as a second means of egress from this facility.  The above variance would further allow the Applicant to access the fire escape through a window.  In granting this variance, it is understanding of the Board that the Woonsocket Fire Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved fire alarm system.  It is the further understanding of the Board that the fire escape is a conforming system and in good repair.  Finally, it is the understanding of the Board that the window providing access is of the appropriate minimum dimension.

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 construction and rating of the cited stairways.  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 90 days of the date of this decision.

4. The Board hereby grants a variance from the provisions of section 23-28.16-16 in order to allow the Applicant to provide each of the apartment and basement door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty minutes.  The above doors shall be further equipped with approved spring loaded hinges and installed within 90 days of the date of this decision.  Finally, the Board grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the cited doors to the exterior.

5. The Board hereby grants a variance from the provisions of section 23-28.16-13 in order to allow the Applicant to maintain approved fire extinguishers within each of the apartment units of this facility.  In granting this variance, the Board directs the Applicant to provide the above extinguishers within 15 days of the date of this decision.

6. As a condition of the variances granted herein, the Board hereby 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 or designee, in accordance with the provisions of section 23-28.25-4(a), within 90 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)].