The above captioned case was scheduled for hearing on October 8, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Henry Lateck of the Cranston Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Burlingame 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 August 24, 2000 inspection report compiled by the Cranston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cranston Fire Marshals Office during the October 8, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the August 24, 2000 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.	It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the cited furnaces with approved remote shut off switches to the satisfaction of the Cranston Fire Marshals Office.
	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 existing construction and fire rating of the corridor portion of the egress system of this facility.  This variance is granted on the basis of structural hardship pursuant to the Applicants agreement to provide this facility with an approved fire alarm system.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to provide the existing egress system door jambs of this facility with approved solid core wood doors with an approximate fire rating o twenty (20) minutes.  The above doors shall be further equipped with UL listed closures and installed at the direction and to the satisfaction of the Cranston Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
	4.	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 rating of the corridor walls.
	5.	The Board hereby grants a variance from the provisions of Section 23-28.16-3(a) in order to allow the Applicant to maintain the existing swing of the cited doors.
	6.	The Board hereby grants a variance from the provisions of Section 23-28.16-3(d) in order to allow the Applicant to provide the existing egress system door jambs with the doors and closures outlined in item 3 above.  This variance is based on the Applicants agreement to provide this facility with an approved fire alarm system.
	7.	The Board hereby grants a variance from the provisions of Section 23-28.16-5(a) in order to allow the Applicant to maintain the existing rating of the cited stairway to the second 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.
	8.	It is the understanding of the Board that deficiency 8 has been corrected and that the cited stairway has two (2) approved handrails.
	9.	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 dimension and winding nature of the cited stairways within 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.
	10.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited doors leading to the exterior 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.
	11.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(b) in order to allow the Applicant to provide the cited apartment doors with UL listed spring-loaded hinges, installed at the direction and to the satisfaction of the Cranston Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
	12.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(c) in order to allow the Applicant to provide the existing apartment and egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes as outlined in item 3 above.
	13.	The Board hereby directs the Applicant to correct deficiency 13 by repairing the fire stopping within this facility, at the direction and to the satisfaction of the Cranston Fire Marshals Office.  The Board understands that it may be difficult to access some of the voids within the building.  However, when the Cranston Fire Marshals Office is satisfied with the Applicants progress, the Board shall be satisfied.
	14.	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 Cranston Fire Marshal.  It is the understanding of the Board that the fire extinguishers have already been installed.
	15.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Cranston 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)].