The above-captioned case was scheduled for hearing by a subcommittee of the Board on March 8, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioners Filippi and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Dion of the Central Falls Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on March 14, 2006 and approved pursuant to a motion made by Commissioner Pearson and seconded by Commissioner Newbrook with Vice Chairman Coutu abstaining.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 8, 2004 inspection report compiled by the Central Falls Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshals Office during the March 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the November 8, 2004 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.  The Board directs the Applicant to correct deficiency 1 by providing the cited existing door jambs with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes and to further equip these doors with approved spring loaded hinges, and to install the doors and spring loaded hinges, at the direction and to the satisfaction of the Central Falls Fire Marshal's office within 120 days of the date of this decision.  
	2.  The Board hereby directs the Applicant to correct deficiency 2 by repairing the cited side entrance at the direction and to the satisfaction of the Central Falls Fire Marshal's office within thirty (30) days of the date of this decision.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the cited stairway walls with an approved Class A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office within 120 days of the date of this decision.
	4.  The Board hereby grants a variance from the provisions of section 31.2.4 and its referenced standards in order to allow the Applicant to maintain the existing egress of this facility as modified herein.  As a condition of this variance, the Board directs the Applicant to provide the combustible surfaces of the cited stairway and hallway with an approved Class A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office.  The Board hereby grants a variance in order to allow the Applicant to access the fire escapes of this facility through the appropriate sized windows of this facility.  The Board hereby grants a variance in order to allow the Applicant to maintain the fire escapes as a second means of egress from this facility.  The Board hereby grants a variance on the basis of structural hardship in order to allow the Applicant to access the stairway through the kitchens of this facility and the Board hereby grants a variance in order to allow the Applicant to access the fire escapes through the bedrooms of this facility.  However, as a condition of this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors through which access to the fire escape system is achieved.
	4.  The Board hereby grants a variance from the provisions of sections 31.2.2 and its referenced standards in order to allow the Applicant to provide the existing stairway door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes and to further equip these doors with approved spring loaded hinges, and to install the doors and spring loaded hinges, at the direction and to the satisfaction of the Central Falls Fire Marshal's office, within 120 days of the date of this decision and to further repair the plaster walls of the egress system of this facility, at the direction and to the satisfaction of the Central Falls Fire Marshal's office, within 120 days of the date of this decision.
	5.  The Board hereby grants a variance from the provisions of section 31.2.2 in order to allow the Applicant to maintain twenty-minute doors with spring loaded hinges in the existing apartment door jambs of this facility.
	6.  The Board hereby directs the Applicant to provide this facility with approved exit signage within 120 days of the date of this decision.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved emergency lighting, within 120 days of the date of this decision.
	8.  The Board hereby grants a variance in order to allow the Applicant to provide a portable fire extinguisher within each residential unit of this facility, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing approved domestically supplied sprinkler heads in the stairway of this facility to provide access from the fourth floor unit, at the direction and to the satisfaction of the Central Falls Fire Marshals Office, within 120 days of the date of this decision.
	10. It is the understanding of the Board that the Applicant has corrected deficiency 10, as outlined above, by bringing this facility into compliance with the fifteen-point plan.
	11. It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing this facility with an approved lock key box.
	12. The Board hereby directs the Applicant to upgrade the fire alarm system with approved carbon monoxide detection, at the direction and to the satisfaction of the Central Falls Fire Marshals Office, within 120 days of the date of this decision.
	13. It is the understanding of the Board that the Applicant has removed the debris from the basement of this facility to the satisfaction of the Central Falls Fire Marshals Office.  The Board hereby directs the Applicant to maintain the basement free of such debris.
	14. The Board hereby directs the Applicant to protect the heating units of this facility by providing approved domestically supplied sprinkler heads over these units, at the direction and to the satisfaction of the Central Falls Fire Marshals Office within 120 days of the date of 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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].