The above-captioned case was scheduled for hearing on September 16, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame and Filippi were present. Commissioner Coutu recused himself from consideration of this case.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame 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 22, 1999 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the September 16, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 1999 inspection report as its initial findings of fact.  Any modification of the Board’s 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby directs the Applicant to correct deficiency #1 by providing the cited boilers with approved remote shut off switches prior to occupancy of the second and third floors of this facility.
	
2. The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the existing construction of the cited stairway and hallway within this facility.  In granting this variance, the Board directs the Applicant to provide the stairway and hallway wainscoting with an approved class “A” finish at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office prior to the occupancy of the second and third floors of this facility.  The Board further grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain fire escapes as its second means of egress and to access those fire escapes through windows.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.
	
3. The Board hereby grants a variance from the provisions of section 23-28.16-5 for the reason outlined in item #2 above.
	
4. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain existing winding stairs within this facility.
	
5. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes. The above doors shall be further equipped with UL listed spring loaded hinges installed at the direction and to the satisfaction of the Central Falls Fire Marshal Office prior to re-occupancy of the second and third floors of this facility.
	
6. Item #6 see Item #5 above.
	
7. The Board hereby directs the Applicant to provide this facility with approved  group type “A” externally illuminated exit signage at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office, prior to re-occupancy of the second and third floors of this facility.
	
8. As a condition of the variances granted herein, the Board hereby directs the Applicant to provided this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office, prior to re-occupancy of the second and third floors of this facility.
	
9. The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office, within 15 days of the date of this decision.
	
10. The Board, as condition of the variances granted herein, directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office prior to re-occupancy of the second and third floors of this facility. 
	
11. The Board hereby directs the Applicant to provide the furnaces of this facility with approved remote shut off switches installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s Office prior to the re-occupancy of the second and third floors 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 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)].