The above captioned case was scheduled for hearing on June 18, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Burlingame, Preiss, Wahlberg, Pearson, Filippi, Evans and Newbrook were present.  By letter dated June 17, 2002, Assistant Deputy State Fire Marshal Ernest Cimino of the Valley Falls Fire Marshals Office advised the Board that he had no objection to the granting of the requested variances.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that this is an existing four (4) unit apartment building and will remain a four (4) unit apartment building.  The Board further finds that the level of renovations exceeds 50 of the assessed evaluation of the building.  The Board also finds that the Applicant sought relief from protective openings and stair dimensions.  The Board further finds that the Applicant has provided this facility with an approved local fire alarm system and a full NFPA 13R sprinkler system throughout.  Furthermore, the Board finds that fixed water spray sprinklers have been installed at all existing wood panel doors and that the stair separation is to be two (2) hours rather than the required one (1) hour.  The units were further separated by approved separation along with the basement being separated by two (2) hour.
	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.	The Board hereby grants a variance from the provisions of Section 6-2.3.2.3 in order to allow the Applicant to maintain the existing open egress stairs within this fully sprinkled and alarmed facility.
	2.	The Board hereby grants a variance from the provisions of Section 5-2.2.2 in order to allow the Applicant to maintain the existing construction, rating and dimension of the stairway walls, doors and treads and risers.  This variance would further allow the Applicant to maintain all existing wood doors both panel and replacement in conjunction with the full sprinkler system to be installed within this facility.
	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)].