The above-captioned case was scheduled for hearing on July 27, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill 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.

FINDINGS OF FACT
	
It is the understanding and finding of the Board that this is a three (3) story facility of combustible construction containing twenty-four (24) apartments.  It is the further finding of the Board that the building is separated into four (4) sections.  It is the further finding of the Board each of the four sections has three (3) stories with two (2) apartments on each floor.  It is the further finding of the Board that each section has a boiler room located at the first floor landing.  It is the further finding of the Board that each section is serviced by one (1) stairway exit in the building on the second floor landing.  It is the further understanding of the Board that these exits lead to the rear parking lot via bridge-like walkways.  It is the further understanding of the Board that only the first floor apartments have two (2) means of egress (front and back).  Further, each section of this complex has laundry machines located at the bottom of the stairway.  Finally, it is the understanding and finding of the Board that there are only two (2) remaining deficiencies within this facility.  First, the Applicant must address the laundry room locations and second, the Applicant is working with the Cumberland Hill Fire Marshal’s Office in developing a plan for the second means of egress from the apartments of this facility.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby directs the Applicant to either properly enclose the laundry room area with approved fire rated materials at the direction and to the satisfaction of the Cumberland Hill Fire Marshal’s Office or to remove the laundry room equipment from each stair of this facility.  The Board hereby grants the Applicant a time variance of 120 days in which to either correct this deficiency or remove the laundry room equipment.
	
2. The Board hereby directs the Applicant to work with the Cumberland Hill Fire Marshal’s Office in the development of a plan of action to provide a second means of egress from each of these facilities acceptable to the Cumberland Hill Fire Marshal’s Office.  The Board hereby grants the Applicant a time variance of 120 days from the date of this hearing in which to develop and submit this plan of action.  The Board hereby holds this file open in the event the Applicant or the Cumberland Hill Fire Marshal’s Office needs additional clarification or time for compliance.

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)].