The above captioned case was scheduled for hearing on June 25, 2002 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Burlingame, Preiss, Wahlberg and Newbrook were present.  Commissioner Coutu recused himself from consideration of this case.  A motion was made by Commissioner Preiss and seconded by Commissioner Wahlberg 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 September 3, 1997 inspection report compiled by the Central Falls Fire Marshals Office.  The above report was utilized by the Board, the Central Falls Fire Marshal and the Applicant during the June 25, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the September 3, 1997 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 23-28.8-6 in order to allow the Applicant to maintain the existing fire escape ladder from the second floor of this facility.  In granting this variance on the basis of structural hardship with regard to the lead to ground, the Board notes that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 10 below.
2.	The board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain the existing fire escape access through a window on the fourth floor of this facility.  In granting this variance, it is the understanding of the Board that the window is of sufficient size and in good operating condition.
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 plaster and wood lathe construction of the egress systems of this facility.  In granting this variance, it is the understanding of the Board that the stairways are in good repair and that the Applicant shall provide this facility with early notification as outlined in item 10 below.
    B.	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 cited wainscoting on the lower level of the walls on the rear stairway.  In granting this variance, the Board 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 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 23-28.16-2 in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved solid core wood 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.
    D.	The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the cited fire escape as a second means of egress from the fourth floor apartment unit of this facility.
4.	For the reasons outlined in item 3 above, 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 cited stairway wall and ceiling construction and to further allow the Applicant to modify the doors as outlined in item 3 above.
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 winding stairs within the front and rear stairway of this facility.
6.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the cited egress apartment doors with approved spring-loaded hinges, installed in accordance with the provisions in item 3 above.
7.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the cited apartment and basement doors with approved solid core wood doors maintaining an approximate fire rating of installed in accordance with the provisions in item 3 above.
8.	It is the understanding of the Board that deficiency 8 is not required and it is not being requested by the Central Falls Fire Marshals Office.
9.	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 systems of this facility with an approved properly engineered system of domestically supplied sprinkler heads installed on both sides of the egress system doors, 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.
10.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system installed in accordance with the provisions of Sections 23-28.25-4(a) and 23-28.34-2 through 4, at the direction and to the satisfaction of the Central Falls Fire Marshal, within one hundred and twenty (120) days of the date of this Decision.
11.	During the June 25, 2002 hearing on this matter, the Board was advised that the Applicant sought a new variance in order to install a fire extinguisher in each of the apartment units of this facility.  Accordingly, the Board hereby grants a variance from the provisions of 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 Marshal, within fifteen (15) days of 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)].