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 Joseph Barroso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Coutu 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, covering this facility, compiled by the Woonsocket Fire Marshal’s Office.  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 above 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 existing egress system of this facility as modified herein.  In granting this variance the Board directs the Applicant to provide any wainscoting surfaces within the egress system of this facility with an approved class A paint, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.
	
2. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain a path of egress through the kitchens of this facility.  This variance is based on structural hardship in the absence of an objection by the Woonsocket Fire Marshal’s Office.
	
3. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing construction and rating of the stairways within this facility.  This variance is based on structural hardship in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item #8 below.
	
4. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing cited stairway door jambs of this facility with approved solid core doors maintaining approximate fire rating of (20) minutes.  The above doors shall be further equipped with approved spring loaded hinges 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, the Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the doors leading to the exterior.  In granting this variance, the Board notes that the Woonsocket Fire Marshal’s Office has no objection in light of the fire safety package presented herein.
	
5. The Board hereby directs the Applicant to correct deficiency #5, by providing this facility with approved exit signage as part of the fire alarm package, as a condition of the variances granted herein, within 120 days of the date of this decision.
	
6. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.
	
7. The Board hereby grants a variance from the provisions of 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 Woonsocket Fire Marshal, within each apartment unit, within 15 days of the date of this hearing.
	
8. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.
	
9. During the hearing on this matter, the Board was advised that there was sleeping above the third level of this facility.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to provide this facility with an approved system of properly engineered domestically supplied sprinkler heads installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.
	
10. During the hearing the Applicant also requested the Board’s review of any additional options with him regarding this facility.  Accordingly, the Board would allow the Applicant the following option.  The Applicant can either totally vacate the building now and bring it in to compliance before re-occupancy, or the Applicant can reduce the number of apartment units in this facility to three (3) apartments (not including the fourth floor) and provide the upgrades within 120 days of the date of decision.  At the conclusion of the 120 day period, the Applicant can then vacate the building if the above upgrades are not completed.  Finally, the Applicant has been directed to install carbon monoxide detection, within 15 days of the date of this hearing.

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)].