The above-captioned case was scheduled for hearing on March 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu, OConnell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Alexander Galinelli of the Warren Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board has been advised and finds that this building is an estimated 7,050 square feet and is located at 340-342 Main Street in Warren.  The building is being substantially rehabilitated for 10 housing units, one staff office space, two resident laundry rooms and a janitors closet.  The building siding will be hardiplank and the building windows have been replaced with vinyl-clad wood windows.  The main entrance 
to the building is off Wood Street through the on-site parking located in the rear of the site.  This is an existing three story structure with new fiberglass roof shingles and an existing stone foundation.  The existing one-story section of the building has been completed and rehabilitated into two studio apartments one which shall be handicap accessible.  A new three story egress stair addition in the rear of the building will provide a second means of egress from the building.  The floors and wall construction shall be in compliance with fire rating requirements for the construction classification.  All units will have complete fire suppression and fire alarm system in compliance with state and local requirements as approved by the Warren Fire Marshals Office.
	The Applicant has requested a variance on the apartment door swing and to be allowed not to install sprinkler coverage in the non-accessible, non-habitable attic space of this facility.  In lieu of sprinkler coverage, the Applicant has proposed additional heat detection. It is the understanding of the Board that the facility shall be otherwise in full compliance with the code and that the Warren Fire Marshals Office has no objection to the requested variances.

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant not to swing the apartment doors into the corridor egress system of this facility.  In granting this variance, it is the understanding of the Board that the Warren Fire Marshals Office has no objection.
	2. The Board hereby grants a variance from the provisions of section 23-28.25-4(b) in order to allow the Applicant not to provide sprinkler coverage in the non-accessible and non-habitable attic space of this facility.  In granting this variance, the Board notes that the Applicant shall provide additional heat detection in this area at the direction and to the satisfaction of the Warren Fire Marshals Office and that the Warren Fire Marshals Office has no objection.
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)].