The above captioned case was scheduled for hearing on April 30, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Coutu, Pearson, Burlingame, Richard, Newbrook and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Galinelli of the Warren Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 30, 2002 hearing on this matter, the Board was advised and finds that this is a six-(6) unit apartment building.  The Board was further advised of the condition of this apartment building in a March 12, 2002 inspection report compiled by the Warren Fire Marshals Office.  Accordingly, the Board hereby incorporates the March 12, 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.	As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved local fire alarm system, emergency lights and exit signs, installed at the direction and to the satisfaction of the Warren Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the existing wall construction in the upper levels of this facility.  The Board further grants a variance in order to allow the Applicant to repair the plaster walls in the basement of this facility, at the direction and to the satisfaction of the Warren Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
2.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the cited doors within this facility.
3.	The Board hereby grants the Applicant an optional variance in order to provide fire extinguishers in each of the apartment units of this facility, at the direction and to the satisfaction of the Warren Fire Marshal within fifteen (15) days from the date of this Decision.
4.	The Board hereby grants a variance in order to allow the Applicant to maintain window access to the fire escape system of this facility.  In granting this variance, it is the understanding of the Board that the windows are in good operating condition and of proper size and that the fire escape is in good condition.
5.	The Board hereby grants a variance in order to allow the Applicant to provide each of the apartment and other egress system door jambs of this facility with an approved solid core wood door 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 Warren Fire Marshal within one hundred and twenty (120) days from the date of this Decision.
6.	As outlined above, the Board directs the Applicant to provide this facility with an approved local fire alarm system, exit signs and emergency lighting at the direction and to the satisfaction of the Warren Fire Marshal 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)].