The above captioned case was scheduled for hearing on August 27, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Newbrook, Evans, Preiss, and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barroso of the Woonsocket Fire Marshals Office.  A motion was 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 an April 10, 2001 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the August 27, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 10, 2001 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 23-28.16-2 in order to allow the Applicant to utilize the existing egress of this facility as modified herein.  In granting this variance, the Board specifically allows for the use of a fire escape system including a grate over a porch roof providing emergency egress from this facility.  The Board hereby directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain a second means of egress through fire escapes from this facility.  See item 1 above.  The above variance is granted pursuant to the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 10 below.
3.	The Board hereby grants a variance from the provisions of Section 23-28.16-3(d) in order to allow the Applicant to utilize the existing stairways within this facility as a means of egress.  In granting this variance, the Board notes that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 10 below.
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 construction and rating of the cited stairways within this facility.  In granting this variance, it is the understanding of the Board that the applicant shall provide the cited stairways with an approved Class A finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.
5.	The Board hereby grants a variance from the provisions of Section 23-28.16-5(f) in order to allow the Applicant to maintain the existing winding stairs within the egress system of this facility.  This variance is granted on the basis of structural hardship.
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 existing 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 Woonsocket Fire Marshal within one hundred and twenty (120) days from the date of this Decision.  Finally, the Board hereby grants a variance from the provisions of Section 23-28.6.6 in order to allow the Applicant to maintain the existing swing of the exterior doors leading from this facility.
7.	During the August 27, 2002 hearing on this matter, the Board was advised that the Woonsocket Fire Marshals Office was not requesting exit signs as a condition of the variances granted herein.
8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
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 either comply with the provisions of NFPA Standard 10 or to provide each of the apartment units of this facility with approved fire extinguishers.  In any event, the Applicant is hereby directed to provide this facility with approved fire extinguishers within fifteen (15) 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 fire alarm system, installed at the direction and to the satisfaction of the Woonsocket 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)].