The above-captioned case was scheduled for hearing on August 19, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Coutu and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Morris of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook 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 June 16, 2003 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the August 19, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 16, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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 maintain the existing egress from this facility.  In granting this variance, the Board directs that if any egress is through a bedroom, the Applicant shall remove all locks and locking devices on the bedroom door.
	
2. a, b and c. 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 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 Woonsocket Fire Marshal’s Office.  Finally, all egress system doors shall be allow to maintain their existing swing.  This variance is granted on the basis of structural hardship.  It is the understanding of the Board that the Applicant has already provided the existing apartment doors jambs with the above twenty (20) minute rated solid core doors.		
	
3. During the hearing on this matter, the Woonsocket Fire Marshal advised the Board that deficiency #3 was grandfathered and would not be requested by his office as a condition of the variance granted herein.		
	
4. As a condition of the variance 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 Woonsocket Fire Marshal, within ninety (90) days of the date of this decision.	
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing this facility with approved fire extinguishing equipment.  The Board hereby grants the Applicant optional variance in order to provide the above fire extinguisher in each of the apartment units at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office.

6. The Board hereby directs the Applicant to maintain the recently installed fire alarm system in this facility as an approved required system for the purpose of maintenance.

STATUS OF DECISION AND APPEAL RIGHTS
	
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 Applicant’s 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. (See:  Board Rules and Regulations, section 6-2-17).
	
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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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.  (See: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s 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)].