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, Coutu, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Bessette of the East Providence Fire Marshals Office.  The motion was thereupon made by Commissioner Newbrook and seconded by Commissioner Coutu 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 February 19, 2002 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the August 6, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 19, 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 23-28.16-5 in order to allow the Applicant to maintain the existing construction and rating of the front and rear egress system stairways of this facility.  In granting this variance, it is the understanding of the Board that the East Providence Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to maintain the existing solid core wood doors located within the existing apartment doorjambs of this facility.  In granting this variance, the Board notes that the above doors are further equipped with spring-loaded hinges and have been installed to the satisfaction of the East Providence Fire Marshals Office.
3.	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 maintain the cited fire extinguishers mounted in each of the apartment unit kitchens of this facility.
4.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the front and rear outside doors of this facility.
5.	The Board hereby directs the Applicant to correct deficiency 5 by providing an approved Class A finish on the wainscoting of this facility, at the direction and to the satisfaction of the East Providence Fire Marshals Office within sixty (60) days from the date of this Decision.
6.	The Board hereby grants a variance from the provisions of Section 23-28.9-2 in order to allow the Applicant to provide the cited boiler area with an approved domestically supplied sprinkler head.  In granting this variance, the Board further directs that the Applicant shall only utilize the basement of this facility for utilities and limited tenant storage.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with an approved local fire alarm system.  Accordingly, the Board hereby directs that the above system shall be deemed to be a required system for the 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)].