The above-captioned case was scheduled for hearing on January 17, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Burlingame, Pearson, Richard and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is a four-story wood frame building constructed prior to 1968.  The Board further finds that the building houses eight (8) living units, two (2) units per floor.  The Board further finds that all apartments share a common side stairway as a main entry/egress way.  The Board further finds that the stairway is horsehair over lathe with wainscoting and is of a winding style.  The Board further finds that all the apartment doors are solid core and that the basement door is wood paneled and non-rated.  The Board further finds that all doors lacked self-closing devices at the time of inspection and that all apartments from the second floor up use fire escapes as a second means of egress.  The Board further finds that the first floor front has a second doorway directly to the outside and the first floor rear utilizes windows as egress to the ground level.  The Board further finds that all windows used are adequate for egress.  The Board further finds that there is a mix of hard-wired and battery operated smoke detectors throughout the building and carbon monoxide detection near sleeping quarters.  The Board further finds that at the time of inspection, the facility lacked a municipal fire alarm system, domestically supplied sprinklers, a lock box, emergency lights, exit signage and fire extinguishers.  Finally, the Board finds that the furnaces within this facility are not provided with remote shut-offs.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct the cited deficiencies within this facility as outlined in the December 1, 2004 inspection report covering this facility.  The Board hereby authorizes the Woonsocket Fire Marshals office to grant reasonable extensions of time for good cause shown in the course of complying with 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 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 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.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].