The above captioned case was scheduled for hearing on September 24, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Richard, Filippi, Coutu, Wahlberg, Preiss, and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Henry Latek of the Cranston Fire Marshals Office.  The motion was thereupon made by Commissioner Newbrook and seconded by Commissioner Coutu 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 November 15, 2001 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 September 24, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the November 15, 2001 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 construction and rating of the cited front and rear interior stairways of this facility.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system as outlined in item 8 below.
	2.	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 the front and rear interior stairways of this facility.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system as outlined in item 8 below.
	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 cited apartment and basement door jambs of this facility with approved 1 3/8 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 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 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the front and rear doors leading to the outside of this facility.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system as outlined in item 8 below.
	5.	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 basement and apartment doors with approved 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.
	6.	It is the understanding of the Board that deficiency 6 is Grandfathered and not being requested as a condition of the Variances granted herein.  It is the further understanding of the Board that the exit routes within this facility are relatively direct.
	7.	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 Cranston Fire Marshals Office.  During the September 24, 2002 hearing on this matter, the Board was advised that the fire extinguishers have already been installed by the Applicant.
	8.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Cranston Fire Marshal or designee, within one hundred and twenty (120) days from the date of this Decision.
	9.	The Board hereby grants a variance from the provisions of Section 23-28.9-2(b) in order to allow the Applicant to maintain the existing furnace enclosure of this facility.  In granting this variance, the Board directs the Applicant to provide a single domestically supplied sprinkler head over the furnace of this facility, 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 variance is further contingent upon the Applicants installation of a fire alarm system as outlined in item 8 above.
	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)].