The above captioned case was scheduled for hearing on July 23, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Evans, Preiss, Filippi and Burlingame were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Dion of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 May 16, 1994 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 July 23, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the May 16, 1994 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the gas boiler with an approved remote shutoff switch.  
	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 egress system of this facility as modified herein.  As a condition of this variance, the Board hereby directs the Applicant to provide any wainscoting in this facility with an approved Class A finish within ninety (90) days from the date of this Decision.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain access to the porches used as escapes through a bedroom.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices on the bedroom door.  The Board further directs the Applicant to provide this facility with an approved ladder allowing access from the porch to the grade, at the direction and to the satisfaction of the Central Falls Fire Marshals Office, within ninety (90) days from the date of this Decision.  The Board hereby directs the Applicant to begin installation of this ladder within thirty (30) days from the date of this Decision.
	4.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to utilize an existing door as access to the front porches of this facility.
	5.	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 configuration of the stairway and egress system walls of this facility.  The Board further grants a variance in order to allow the Applicant to provide the existing egress system doorjambs of this facility with approved solid core doors equipped with spring-loaded hinges.  It is the understanding of the Board that the Applicant has already provided the existing doorjambs with the approved solid core doors.
	6.	The Board hereby grants a variance from the provisions of Section 23-28.16-5(f) in order to allow the Applicant to maintain the existing winding stairs within this facility.
	7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the cited egress system doors with approved self-closures, at the direction and to the satisfaction of the Central Falls Fire Marshals Office.
	8.	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 twenty (20) minute doors in the existing apartment doorjambs of this facility.
	9.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(e) in order to allow the Applicant to maintain the existing width of the cited doors leading from the apartments to the interior stairways of this facility.
	10.	It is the understanding of the Board that the Applicant has corrected deficiency 10 by providing this facility with approved exit signs.
	11.	It is the understanding of the Board that the Applicant has corrected deficiency 11 by providing this facility with an approved local fire alarm system.  As a condition of the variances granted herein, the above fire alarm system shall be deemed a required system for purposes of maintenance.
	12.	It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing this facility with approved smoke detection to the satisfaction of the Central Falls Fire Marshals Office.
	13.	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 within this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office.  Specifically, the Board directs the Applicant to immediately buy these extinguishers and to install these extinguishers within thirty (30) days from the date of this Decision.
	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.  
	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.  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.  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.  
	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)].