The above captioned case was scheduled for hearing on August 6, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Newbrook, Preiss, Pearson and Evans were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by the Central Falls Fire Marshals Office.  The motion was thereupon made by Commissioner Pearson and seconded by Commissioner Preiss 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 March 1, 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 August 6, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the March 1, 2002 inspection report as its initial findings of fact.
	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 cited boiler without an enclosure.  In granting this variance, the Board directs the Applicant to provide the cited boiler with an approved domestically supplied sprinkler head, installed to the satisfaction of the Central Falls Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
2.	The Board hereby directs the Applicant to correct deficiency 2 by providing the central heating plant with an approved emergency shutoff switch, installed to the satisfaction of the Central Falls Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
3.	The Board hereby grants a variance from the provisions of Section 23-28.17-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  The Board directs the Applicant to maintain all of the business door unlocked during all hours of occupancy.  This variance is further based upon the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 11 below.
4.	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 walls within the front and side egress system hallways of this facility.  The Board further grants a variance from the above provisions in order to allow the Applicant to provide the existing apartment 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.  It is the understanding of the Board that the Applicant has provided the attic with an approved door segregating it from the left stairway of this facility.
5.	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 and to further provide the egress system 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.
6.	The Board hereby grants a variance from the provisions of Section 23-28.17-5 in order to allow the Applicant to maintain the existing of the cited doors leading to the exterior of this facility.
7.	In light of the Boards determination in item 6 above, the Board hereby grants a variance from the provision of Section 23-28.17-5(f) in order to allow the Applicant to maintain the existing of the cited exit doors without panic hardware.
8.	As a condition of the variances granted herein, the Board 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.
9.	As a condition of the variances granted herein, the Board 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.
10.	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 to provide each of the apartment units with approved fire extinguishers, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office, within fifteen (15) days or prior to occupancy of the Subject apartment unit.
11.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved local fire alarm system, in accordance with the provisions of Section 23-28.17-14 and the most recent fire alarm amendments to the code.  The above fire alarm system 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.
12.	As a condition of the variances granted herein, the Board directs the Applicant to provide each of the residential occupancies with approved smoke detection, 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.	
	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)].