The above captioned case was scheduled for hearing on September 10, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, OConnell, Newbrook, Filippi, Preiss, and Burlingame were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Garvey of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  This motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 25, 2001 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 10, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the September 25, 2001 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency by the Applicant 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.	The Board hereby grants a variance from the provisions of Section 23-28.9-2 in order to allow the Applicant to maintain the existing enclosure of the cited central heating plant of this facility.  In granting this variance, the Board hereby directs the Applicant to provide the central heating plant with an approved domestically supplied sprinkler head, 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.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the cited central heating plant with an approved remote shutoff switch, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office.
3.	A.  It is the understanding of the Board that the Applicant has corrected deficiency 3A by providing the cited right hand store with a second approved exit, at the direction and to the satisfaction of the Central Falls Fire Marshals Office.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.17-2 in order to allow the Applicant to maintain the existing egress from the cited apartment units of this facility, as modified herein.
4.	A.  The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to maintain the existing construction of the cited hallways of this facility.  In granting this variance, the Board directs the Applicant to provide the lower third of the hallway and stairway walls with an approved Class A finish on the cited wainscoting.  The above Class A finish shall be installed within one hundred and twenty (120) days from the date of this Decision.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to provide an approved solid core wood door with an approximate fire rating within the existing door jamb separating the attic from the left side stairway of this facility.  The above doors shall be 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.
	C.  The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to provide the existing apartment and egress door jambs of this facility maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be 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.
	D.  The Board hereby directs the Applicant to correct deficiency 4D by providing the cited basement door jamb with an approved solid core wood door maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be 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.
5.	A.  The Board hereby grants a variance from the provisions of Section 23-28.17-4, in order to allow the Applicant to maintain the existing stairway walls of this facility as modified herein.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.17-4, in order to allow the Applicant to provide the egress and basement door jambs of this facility with approved solid core 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.  See item 4 above.
6.	The Board hereby grants a variance from the provisions of Section 23-28.17-4(f) in order to allow the Applicant to maintain the existing winding stairs within this facility.  This variance is based on structural hardship and in the absence of an objection by the Central Falls Fire Marshals Office.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 to the satisfaction of the Central Falls Fire Marshals Office.
8.	During the September 10, 2002 hearing on this matter, the Board was advised that the Applicant has corrected deficiency 8 and that the cited exit doors shall remain unlocked during all hours of occupancy and are opened with simply one motion.
9.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs, 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.
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 23-28.17-12 and NFPA Standard 10, 1988 edition in order to allow the Applicant an option of providing each of the Apartment units with approved fire extinguishers or providing the apartment occupancy with approved fire extinguishers in accordance with NFPA Standard 10, 1988 edition.  In granting this variance, it is the understanding of the Board that the Applicant has corrected this variance.
12.	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 o the provisions of the latest RI Fire Alarm Code.
13.	It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing this facility with approved smoke detection devices.

	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)].