The above-captioned case was scheduled for hearing on September 26, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals David Pastore and John Peiczarek of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson 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 July 25, 2006 inspection report compiled by the West Warwick Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the September 26, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the July 25, 2006 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by properly testing the fire alarm system within this facility.  
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 or shall correct deficiency 2 at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the rear stairwell with an approved exit sign equipped with battery backup.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the window access to the fire escape system from apartments 32F, 34F and 36F.  In granting this relief, it is the understanding of the Board that the above windows currently comply with the building code requirements.  Finally, as a condition of this relief, the Board directs the Applicant to remove all air conditioning units and other obstructions from the fire escape and/or fire escape access windows.  
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to have the Applicant provide the basement door jamb with an approved twenty (20) minute door equipped with an approved self closing device.  It is the understanding of the Board that the Applicant has corrected the remainder of deficiency 5, relating to apartment 36R, by installing an approved self closing device.  It is the further understanding of the Board that the Applicant has properly adjusted the self closing device in apartment 38R.  
	6.  The Board finds that deficiency 6 is not a violation of the state fire code because windows servicing the fire escape system may be equipped with a locking device.  However, the Board notes that doors to the rooms providing access to the fire escape system shall not be locked.  Accordingly, the Applicant shall remove all locking devices from the doors leading to the rooms through which access to the fire escape is achieved.  However, as long as the Applicant maintains operational windows, leading to the fire escape, the Applicant shall not be required to maintain these windows without locks.
	7.  The Board hereby directs the Applicant to correct deficiency 7 within 120 days of the date of this decision by providing an approved domestically supplied sprinkler head over the boiler of this facility, at the direction and to the satisfaction of the West Warwick Fire Marshal's office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing the apartment units with approved, tested and properly mounted portable fire extinguishers installed at the direction and to the satisfaction of the West Warwick Fire Marshal's office.

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)].