The above captioned case was scheduled for hearing on May 28, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Richard, Burlingame and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Cournoyer of the Central Falls 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 a February 4, 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 Marshal during the May 28, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 4, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency shall be noted herein.
	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 deficiency 1 is moot in light of the Applicants recent consolidation of the apartment units of this facility.  Specifically, the consolidation provided approved alternate egress.
	2.	The Board hereby directs the Applicant to correct deficiency 2 by providing the cited boiler with approved remote shutoff switches, at the direction and to the satisfaction of the Central Falls Fire marshal within one hundred and twenty (120) days from the date of this Decision.
	3.	It is the understanding of the Board that deficiency 2 is moot in light of the Applicants recent consolidation of the apartment units of this facility.  As outlined in item 1 above.  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 cited stairway provided the Applicant utilize a Class A finish on the wainscoting and other wood surfaces within the stairway system.  The above Class A finish shall be installed within one hundred and twenty (120) days from the date of this Decision.
	4. 	A&B  It is the understanding of the Board that deficiency 4A7B are moot in light of the Applicants recent consolidation of the apartment units of this facility providing the stairway access as opposed to a fire escape as a second means of egress.
	   C.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to provide access to the stairways through the kitchens of this facility.  This variance is granted on the basis of structural hardship and in the absence of an objection by the Central Falls Fire Marshal.
	5.	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 stairways within this facility.  In granting this variance, the Board further shall allow the Applicant to maintain the recently installed solid core wood doors in the existing apartment doorjambs of this facility.  The above doors have been installed with spring-loaded hinges and have an approximate fire rating of twenty (20) minutes.  The Board hereby directs the Applicant to provide the cited wainscoting with an approved Class A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within one hundred and twenty (120) days from the date of this Decision.  The Board further directs the Applicant to provide an approved solid core wood door with spring-loaded hinge in the existing cellar door jamb of this facility within one hundred and twenty (120) days from the date of this Decision.
	6.	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 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 package as outlined herein.
	7.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to maintain the existing spring-loaded hinges on the cited doors of this facility.
	8.	It is the understanding of the Board that the Applicant has previously installed solid core wood doors in each of the apartment units of this facility.  In any event, the Board hereby directs the Applicant to provide the existing apartment door jambs and cellar door jamb of this facility with approved solid core wood doors equipped with 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.
	9.	It is the understanding of the Board that deficiency 9 is Grandfathered and not being requested by the Central Falls Fire Marshals Office.
	10.	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 Central Falls Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	11.	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 Central Falls Fire Marshals Office within fifteen (15) days from the date of this Decision.
	12.	The Board hereby grants a variance from the provisions of Section 23-28.16-14 in order to allow the Applicant to provide the egress passageways of this facility with an approved, engineered domestically supplied system of sprinkler heads installed at the direction and to the satisfaction of the Central Falls Fire Marshal within one hundred and twenty (120) days from the date of this Decision.
	13.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office, in accordance with the provisions of Sections 23-28.25-4(a) and Chapter 23-28.34 with regard to smoke detector coverage.  The above system shall be installed 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)].