The above-captioned case was scheduled for hearing on January 27, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Pearson, Burlingame, Coutu, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Morris of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi 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 an inspection report compiled by the Woonsocket Fire Marshal’s Office and designated as 03-7.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the January 27, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the 03-7 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the wainscoting within the egress system with an approved class A finish installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, within 120 days of the date of this decision.  Finally, as a condition of this variance and to further allow the Applicant access through the bedrooms to the fire escape system, 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.
	
2. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the previously installed metal doors with approved self-closures in the apartment units of this facility.  The Board further grants a variance in order to allow the Applicant to maintain the existing swing of the cited doors leading to the exterior of this facility.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshal’s Office has no objection. 
	
3. 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 an approved fire extinguisher, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 15 days of the date of the decision.
	
4. The Board hereby grants a variance from the provisions of section 23-28.16-14 and NFPA Standard 13, 1989 edition in order to allow the Applicant to provide the egress system of this facility with an approved, properly engineered system of domestically supplied sprinkler heads installed at the direction of the Woonsocket Fire Marshal’s Office, within 120 days of the date of this decision.
	
5. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved municipally connected fire alarm system, emergency lights and exit signs, installed at the direction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.
	
6. During the January 27, 2004 hearing on this matter, the Board was advised that the boiler of this facility should be equipped with an approved remote shut off switch.  Accordingly, the Board hereby directs the Applicant to provide the cited boiler with an approved remote shut off switch installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee, 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 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)].