The above captioned case was scheduled for hearing on July 23, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Evans, Preiss, Filippi and Burlingame were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Dion of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi 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 23, 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 July 23, 2002 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 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.	It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing the cited boilers with approved remote shutoff switches.
2.	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 configuration of the cited stairways and hallways of the egress system of this facility and to further utilize windows as exits from the first floor of this facility.  In granting this variance, it is the understanding of the Board that the Applicant has previously treated the wainscoting of the hallway walls with an approved Class A finish.
3.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to provide the existing apartment, cellar and other egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing rating of the cited egress system walls and ceilings within this facility.  The Board further grants a variance from the flame spread provisions of the code in order to allow the Applicant to provide the cited wainscoting with an approved Class A finish.  The Board further grants a variance in order to allow access to the stairways through the kitchens and/or bedrooms of this facility.  Finally, the Applicant is directed to cover the cited wooden scuttle hole in the rear stairway with an approved sheet rock finish.  It is the understanding of the Board that the Applicant has already corrected the deficiencies in accordance with the relief granted herein.
4.	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 winding stairways within this facility.
5.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to maintain approved spring-loaded hinges on the cited egress doors of this facility.
6.	See item 5 above.
7.	It is the understanding of the Board that deficiency 7 is Grandfathered and no being requested by the Central Falls Fire Marshals Office.
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved emergency lighting, to the satisfaction of the Central Falls Fire Marshals Office.
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 of the apartment units of this facility with approved fire extinguishers, 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.
10.	As a condition of the variances granted herein, the Board hereby directs that the fire alarm system installed within this facility shall be deemed a required system for the purposes of maintenance.
NOTE:  The Applicant shall be granted an additional thirty (30) days from the date of this Decision in which to correct any remaining deficiencies exclusive of the fire extinguisher deficiencies which shall be corrected within fifteen (15) days.

	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)].