The above-captioned case was scheduled for hearing on June 14, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Burlingame, and Filippi were present.  Vice Chairman Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal John Garvey of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Filippi 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 July 9, 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 June 14, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 9, 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 State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to correct deficiency 1 in accordance with the plan of action outlined in item 3 below.
	2(a).  The Board hereby directs the Applicant to correct deficiency 2(a) by removing the existing wood paneling and replacing it with sheetrock or providing the wood paneling with an approved Class A finish.  The Applicant is hereby given 120 days in order to make this correction at the direction and to the satisfaction of the Central Falls Fire Marshals office.
	2(b).  The Board hereby grants a variance in order allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring loaded hinges and installed at the direction and to the satisfaction of the Central Falls Fire Marshals office within 120 days of the date of this decision.
	3(a).  The Board hereby directs the Applicant to correct deficiency 3(a) by providing the boiler of this facility with an approved remote shut off switch, installed at the direction and to the satisfaction of the Central Falls Fire Marshals office within 120 days of the date of this decision.
	3(b).  The Board hereby directs the Applicant to correct deficiency 3(b) by separating the cited boiler, washer and dryer with an approved rated door frame and assembly and approved door closures.  The Board hereby directs the Applicant to provide this protection along with the above Class A finish and remote shut off switch within 120 days of the date of this decision.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with an approved key lock box installed at the direction and to the satisfaction of the Central Falls Fire Marshals office within 120 days of the date of this decision.
	5.  During the June 14, 2005 hearing on this matter, the Board was advised and finds that this facility maintains a local fire alarm system and that there is no cooking in the assembly occupancy of this facility.  Accordingly, conditioned on no cooking within the assembly occupancy, the Board hereby grants a variance in order to allow the Applicant to maintain a local fire alarm system.  In the event the Applicant wishes to provide cooking in the assembly area of this facility, the Board directs the Applicant to first upgrade the fire alarm system and bring it into full compliance.

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)].