The above captioned case was scheduled for hearing on October 30, 2001 at l:00 p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Coutu, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barrosso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDING OF FACT
	
The numbers of the Decision below correspond with those of a March 26, 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 30, 2001 hearing on this matter.  

Accordingly, the Board hereby incorporates the March 26, 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 egress system of this facility as modified herein. In granting this variance, the Board notes that the basement unit of this facility has only one (l) approved means of egress, but utilized windows as an emergency means of egress directly to the outside.  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 an approved fire alarm system as outlined in item #l0 below.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain access to the interior stairways through the kitchens of this facility.  This variance is granted on the basis of structural hardship and in the absence of an objection by the Woonsocket Fire Marshal’s Office.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain the existing construction and rating of the cited stairway walls of this facility.  This variance is also granted on the basis of structural hardship.

4.	 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 within this facility.  In granting this variance, the Board notes that the Applicant has removed the cited wainscoting on the lower part of the walls and that the Woonsocket Fire Marshal’s Office has no objection.

5.	A. The Board hereby grants a variance from the provisions of Section 23-28.l6-5(f) in order to allow the Applicant to maintain the existing cited winding stairs within both means of egress of this facility.

B. The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within ninety (90) days from the date of this Decision.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the doors leading to the exterior of this building.

6.	It is the understanding of the Board that deficiency #6 is Grandfathered and not being requested by the Woonsocket Fire Marshal’s Office.

7.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within ninety (90) days from the date of this Decision.

8.	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 in this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within fifteen (l5) days from the date of this Decision.

9.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l4 in order to allow the Applicant to maintain a limited coverage sprinkler system throughout the common areas of this facility and inside each door.  The above system shall be properly engineered in accordance with the flow standards of NFPA l3D and shall further include sprinkler heads over the boilers.

10.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within ninety (90) 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)]