The above-captioned case was scheduled for hearing on November 1, 2005 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Richard, Newbrook, Preiss, Blackburn and Filippi were present.  Vice Chairman Coutu recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshals Christine Kent and James Moore of the State Fire Marshals 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 March 9, 2005 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 1, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the March 9, 2005 inspection report as its initial findings of fact.  Any modification of the Boards 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved, municipally connected fire alarm system at the direction and to the satisfaction of the State and Central Falls Fire Marshal's office. 
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved exit signage at the direction and to the satisfaction of the State and Central Falls Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the State and Central Falls Fire Marshals office.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the cited doors with approved panic hardware, installed at the direction and to the satisfaction of the State and Central Falls Fire Marshals office.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 5 by properly swinging the cited exit door to the rear of the second assembly area.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly maintaining the cited portable fire extinguishers within this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the cited stored material within the back stairwell.  The Board hereby directs the Applicant to maintain the stairwells of this facility free and clear of all obstructions and storage.
	8.  The Board hereby grants a variance from the provisions of sections 13.2.2.3 and 7.2.2.2.1 in order to allow the Applicant to maintain the existing measurement of the cited existing treads and risers in the back stairwell of this facility.  In granting this variance on the basis of structural hardship, the Board notes that the width and headroom of the stairwell has been determined to be in compliance with the code.
	9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to properly enclose the cited areas at the direction and to the satisfaction of the State and Central Falls Fire Marshals office.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by removing the cited slide bolt and chain lock and by providing the cited set of double doors located off of Evelyn Street with approved panic hardware within thirty (30) days of the date of this decision.  The above panic hardware shall be installed at the direction and to the satisfaction of the State and Central Falls Fire Marshal's office.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by removing the cited storage material and debris found on the second assembly area on the first floor, and in the basement storage/boiler room area.  The Board hereby directs the Applicant to maintain the above areas free of all obstruction and storage to the satisfaction of the State and Central Falls Fire Marshals office.
	12.  It is the understanding of the Board that the Applicant has corrected part of deficiency 12 by removing the cited plastic affixed to the windows of this facility.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct the remainder of deficiency 12 by providing the cited area with approved Class A finish at the direction and to the satisfaction of the State and Central Falls Fire Marshal's office within 120 days of the date of this decision.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by removing the cited curtains.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by removing the four (4) five-gallon gasoline storage containers found in the basement area of this facility.  The Board hereby directs the Applicant to maintain this facility free of all such combustible materials in the future.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 by removing the cited ten-burner commercial fired stove from this facility thereby eliminating the need to provide ventilation and other protection pursuant to NFPA standard 96.
	16.  It is the understanding of the Board that deficiency 16 is moot with the removal of the cited stove.
	17.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to properly enclose the oil-fired boiler located in the basement storage area of this facility.
	18.  It is the understanding of the Board that the Applicant has corrected deficiency 18 by removing the cited extension cords.  
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19 by removing the cited kerosene heater and a salamander found in the assembly area of this facility.  The Board hereby directs the Applicant to immediately cap the fuel line to the salamander at the source, at the direction and to the satisfaction of the State and Central Falls Fire Marshals office.  It is the further understanding of the Board that the Applicant has provided approved hard-wired carbon monoxide detection in the Applicants basement apartment.
	20.  During the November 1, 2005 hearing on this matter, the Board was asked by the State Fire Marshal's office whether they could grant approval of a temporary certificate of occupancy within this facility.  In light of the above progress made by the Applicant and the projected timetables for the completion of the required systems for this facility, the Board hereby grants the State Fire Marshals office the authority to approve the issuance of a temporary certificate of occupancy in order to allow re-occupancy of this facility.

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)].