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, Wahlberg, Preiss, and Pearson were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Dion of the Central Falls Fire marshals Office.  The motion was thereupon made by Commissioner Pearson and seconded by Commissioner Newbrook 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 January 15, 2002 inspection report compiled by the Central Falls Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshals Office during the September 24, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the January 15, 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 23-28.8-6 in order to allow the Applicant to maintain the existing fire escape and ladder and lead to ground as an emergency means of egress from this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices on the bedroom doors through which access to the fire escape is achieved.  Further, as a condition of this variance, the Board directs the Applicant to provide this facility with an approved local fire alarm system as outlined in item 12 below.
	2.	It is the understanding of the Board that the Applicant shall correct deficiency 2 by providing the cited boiler with an approved remote shutoff switch, at the direction and to the satisfaction of the Central Falls Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	3.	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 egress system of this facility and to further allow window accessed fire escapes as a second emergency means of egress from this facility.  The Board further grants a variance in order to allow the stairwells to be maintained through the kitchens and to allow fire escape access through bedrooms without locks or latching devices on their doors.  As a condition of this variance, the Board directs the Applicant to provide the wainscoting within the egress system of this facility with an approved Class A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office and to further provide this facility with an approved fire alarm system as outlined in item 12 below.
	4.	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 spring-loaded hinges and installed at the direction and to the satisfaction of the Central Falls 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 construction and rating of the cited egress system walls and ceilings of this facility.  In granting this variance, the Board directs the Applicant to provide the wainscoting within the egress system with an approved Class A finish, within one hundred and twenty (120) days from the date of this Decision.  The above variance is contingent upon the Applicant providing this facility with an approved fire alarm system as outlined item 12 below.
	5.	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 stairway system of this facility.  This variance is granted on the basis of structural hardship and pursuant to the Applicants agreement to provide this facility with an approved fire alarm system.
	6.	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 egress system doors to the stairways with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	7.	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 egress system floor 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 Central Falls Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	8.	It is the understanding of the Board that deficiency 8 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 route from this facility is obvious.
	9.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting as part of the fire alarm package for this facility.  The above emergency lighting shall be installed within one hundred and twenty (120) days from the date of this Decision to the satisfaction of the Central Falls Fire Marshals Office.
	10.	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 o the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Central Falls 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 in each of the apartment units.
	11.	The Board hereby grants a variance from the provisions of Section 23-28.16-14 in order to allow the Applicant to provide the common use egress system areas of this facility with an approved system of domestically supplied sprinkler heads installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office.  The above sprinkler heads should be properly engineered and installed with an approved back-flow preventer.  The entire system shall be fully operational within one hundred and twenty (120) days from the date of this Decision.
	12.	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 Central Falls Fire Marshal or designee, 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)].