The above captioned case was scheduled for hearing on August 6, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Newbrook, Coutu, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Bessette of the East Providence Fire Marshals Office.  The motion was thereupon made by Commissioner Evans and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a February 12, 2002 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the August 6, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 12, 2002 inspection report as its initial findings of fact.
	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 23-28.16-5 in order to allow the Applicant to maintain the existing stairway wall construction and to further allow the Applicant to maintain existing stairway risers to the third floor of this facility.  This variance is granted on the basis of structural hardship and in light of the Applicants agreement to provide this facility with an approved fire alarm system.
	2.	The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain egress from the first and second floor apartments through windows and to further allow fire escape access through bedrooms within this facility.  In granting this variance, the Board notes that the fire escapes are in good condition and directs the Applicant to remove all locks and locking devices from those doors through which access to the fire escape system is achieved.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the egress system door jambs of this facility with approved solid core wood 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 East Providence Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the entrance doors of this facility.
	4.	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 approved fire extinguishers, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within fifteen (15) days from the date of this Decision.
	5.	The Board hereby grants a variance from the provisions of Section 23-28.16-15 in order to allow the Applicant to maintain the existing wainscoting within the egress system of this facility.  In granting this variance, the Board directs the Applicant to provide the approved wainscoting with an approved Class A finish, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
	6.	As a condition of the variances granted herein, the Board directs the Applicant to correct deficiency 6 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of Section 23-28.16-16 and the most recent amendments to the fire alarm provisions of the State Fire Code, within one hundred and twenty (120) days from the date of this Decision.
	7.	As a condition of the variances granted herein, the Board directs the Applicant to correct deficiency 7 by providing this facility with approved carbon monoxide protection, installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (120) 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)].