The above-captioned case was scheduled for hearing on October 3, 2006 at 1:00 P.M.  At that time, a subcommittee of the Board reviewed the case and compiled the recommendations outlined below for submission to the full Board.  The subcommittee recommendations were reviewed by the full Board on October 17, 2006.  At that time Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Newbrook, Pearson, Filippi and OConnell were present.  Commissioner Preiss recused himself from consideration of the subcommittee recommendations.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to approve the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion was unanimous.  The subcommittee recommendation now has the status of a full Board decision.  However, the Applicant may appeal this decision to the full Board as outlined below.
FINDINGS OF FACT
	The Board finds that this building was inspected under Chapter 31, Existing Apartments.  The Board further finds that the building is three (3) stories in height with an attic and a basement and is of wood frame construction and classified as a type V construction.  The Board finds that there are four (4) units in this building.  The Board further finds that there are two (2) sets of egress stairs in this building.  The Board further finds that the building covers approximately thirty-eight hundred square feet.  The Board further finds that the first floor contains one (1) apartment, the second floor contains two (2) apartments and the third floor apartment is currently vacant but that the Applicant wishes to provide this level with an emergency fire escape system prior to re-occupancy.  Finally, the Board finds that the Applicant has agreed to comply with the provisions of the fifteen-point plan outlined for existing apartments and that the Applicant sought Board relief to be allowed to install the proposed metal platform and ladder fire escape from a compliant window within this apartment.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to install the proposed metal platform and ladder fire escape from a compliant window within this apartment, at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.  In granting this variance, it is the understanding and direction of the Board that the Applicant shall correct all remaining deficiencies within this facility, at the direction, to the satisfaction and within a timetable established by the North Kingstown Fire Marshal's office.

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 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 6-2-17).
	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 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 6-2-20).
The above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, 272 West Exchange Center (Suite 301), Providence, R.I. 02903.