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 Joseph Barrosso of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Wahlberg 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 a November 15, 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 October 8, 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 23-28.16-2 in order to allow the Applicant to maintain the existing egress system of this facility as modified herein.  This variance is further granted pursuant to the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 9 below.
	2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain access to the second means of egress through a kitchen area.  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.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to utilize the existing stairways 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 9 below.
	4.	The Board hereby grants a variance from the provisions of Section 23-28.16-5(d) in order to allow the Applicant to maintain the existing construction and rating of the cited stairway walls within this facility.
	5.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to provide the existing 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 Woonsocket Fire Marshals Office.  Finally, the Board grants a variance from the above provisions to allow the Applicant to maintain the existing swing of the exterior egress discharge doors.
	6.	It is the understanding of the Board that deficiency 6 is Grandfathered and not being requested by the Woonsocket Fire Marshals Office as a condition of the variances granted herein.
	7.	As a condition of the Variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, in accordance with the provisions of Section 23-28.16-12, within one hundred and twenty (120) days from the date of this Decision.
	8.	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 Woonsocket Fire Marshals Office, within fifteen (15) days from the date of this Decision.
	9.	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 Woonsocket Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
	10.	During the October 8, 2002 hearing on this matter, the Board was advised that the exterior stairway system of this facility is not protected and that sprinkler coverage would therefore not be recommended.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain this facility without the addition of stairway sprinkler coverage.
	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)].