The above captioned case was scheduled for hearing on January 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Preiss, Wahlberg, and OConnell were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal John Garvey of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Filippi 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 3, 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 January 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 23, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings 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 23-28.8-6 in order to allow the Applicant to maintain the existing lead-to-ground ladder from the second floor of this facility.  In granting this variance, it is the understanding of the Board that the Central Falls Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 10 below.
	2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the cited boiler with approved remote shut-off switches.
	3.	A.  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 construction and rating of the cited stairway and hallway walls within this facility.  In granting this variance, the Board directs the Applicant to provide any wainscoting or other wood surfaces within the hallways and  stairways with an approved Class A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office within thirty (30) days from the date of this Decision.
		B-D.  The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain use of the fire escape as a second means of egress from this facility and to further access this fire escape through windows within the apartment units.  In the event that the Applicant must use bedroom windows, the Board directs the Applicant to remove all locks and locking devices from the bedroom in order to provide direct access to the fire escapes.  Finally, the Board grants a variance from the above provisions in order to allow the Applicant to utilize the cited porch to access the egress stairway of this facility.  The above variances are granted on the basis of structural hardship and in light of the Applicants agreement to provide this facility with an approved fire alarm system.
	4.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to maintain approved solid core wood doors equipped with spring-loaded hinges in the existing door jambs of the egress system of this facility.  The above doors shall maintain an approximate fire rating of twenty (20) minutes.  The Board further grants a variance in order to allow the Applicant to maintain the existing construction and rating of the cited egress system of this facility in conjunction with an approved fire alarm system.  As a condition of this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class A finish, at the direction and to the satisfaction of the Central Falls Fire Marshals Office, within thirty (30) days from the date of this Decision.  It is the further understanding of the Board that the Applicant has covered the cited combustible hatch with an approved sheet rock finish to the satisfaction of the Central Falls Fire Marshal.  Finally, the board shall allow the use of windows as an emergency means of egress from this facility.
	5.	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 cited egress doors with approved UL listed spring-loaded hinges, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office.  It is the understanding of the Board that the spring-loaded hinges are already installed.
	6.	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 apartment and egress system door jambs with approved solid core wood doors maintaining and approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges as outlined above.  It is the understanding of the Board that the doors are currently installed.
	7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved Class A exit signage, installed at the direction and to the satisfaction of the Central Falls Fire Marshal within thirty (30) days from the date of this Decision.
	8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the emergency lighting as a required system for purposes of maintenance.
	9.	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 apartment unit of this facility with approved fire extinguishers installed to the satisfaction of the Central Falls Fire Marshals Office.
	10.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the recently installed local fire alarm system for purposes of maintenance.

	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)].