The above captioned case was scheduled for hearing on September 17, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Coutu, Filippi, Wahlberg, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barosso of the Woonsocket Fire Marshals Office.  The motion was thereupon made by Commissioner Wahlberg and seconded by Commissioner Filippi 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 28, 2001 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the September 17, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 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 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 10 below.
	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 egress from the basement apartment unit of this facility.  This variance is contingent upon the Applicants agreement to provide this facility with an approved fire alarm system and to allow the use of emergency egress from the basement apartment unit.
	3.	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 non-rated stairways within this facility.  This variance is based upon the Applicants agreement to provide this facility with an approved fire alarm system.  The Board further directs the Applicant to provide the wood wainscoting surfaces of the cited stairways with an approved Class A finish, at the direction and to the satisfaction of the Woonsocket Fire Marshal within one hundred and twenty (120) days from the date of this Decision.
	4.	The August 28, 2001 inspection report does not contain an item 4.
	5.  A.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 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 approved spring-loaded hinges and installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within one hundred and twenty (120) days from the date of this Decision.  Finally, the Board grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the cited doors leading to the exterior of this facility.
	    B.	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 cited winding stairs within the stairways located in the common means of egress of this facility.  This variance is granted on the basis of structural hardship.
	6.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing separation between the basement apartment and the remainder of the apartment provided the Applicant install an approved solid core wood door between the spaces, at the direction and to the satisfaction of the Woonsocket Fire Marshal and further provide domestic sprinkler head coverage over each of the two (2) furnaces within the basement of this facility, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal.  Specifically, the Applicant shall provide at least two (2) sprinkler heads over the furnaces of this facility.  The Applicant shall have one hundred and twenty (120) days from the date of this Decision in order to bring the basement of this facility into compliance with the above directives.
	7.	It is the understanding of the Board that deficiency 7 is Grandfathered and not being requested by the Woonsocket Fire Marshals Office.
	8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, 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 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to provide this facility with approved fire extinguishers installed at the satisfaction of the Woonsocket Fire Marshal.  It is the understanding of the Board that the Applicant has already provided each of the apartment units with an approved fire extinguisher.
	10.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, in accordance with the latest fire alarm code, 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)].