The above captioned case was scheduled for hearing on March 4, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Filippi, Newbrook, Preiss, Burlingame, OConnell, Evans and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Garvey of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 23, 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 March 4, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the May 23, 2002 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 directs the Applicant to correct deficiency 1 by installing an approved remote shutoff switch within the interior stairway, 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.
2.	The Board hereby directs the Applicant to correct deficiency 2 by providing the cited fire escape with an approved railing and other safety systems, 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.
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 construction of the stairway and hallway walls in accordance with the following conditions.  The Board directs the Applicant to seal off any openings within the stairway and hallway walls, at the direction and to the satisfaction of the Central Falls Fire Marshals Office.
	B-C.  The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to utilize fire escapes as a second means of egress and to further utilize windows as access to a second means of egress.  As a condition of 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 and to further maintain the fire escape in full working order and to maintain full window access to the fire escape in full working order, at the direction and to the satisfaction of the Central Falls Fire Marshals Office.
4.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to provide the existing egress system door jambs of this facility with approved solid core or metal doors having 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.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing construction of the walls and ceiling and to provide the paneling on the stairway walls 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.  Finally, the Board directs the Applicant to remove the non-fire rated carpeting covering the stairs within the egress system of this facility.
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 this facility.  This variance is based on structural hardship.
6.	The Board hereby directs the Applicant to correct deficiency 6 by providing the cited egress doors with approved UL listed self-closing devices 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.
7.	The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved doors as outlined in item 4 above.
8.	The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved group type A externally illuminated exit signage, 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.	The Board hereby directs the Applicant to correct deficiency 9 by providing 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 23-28.16-13 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 one hundred and twenty (120) days from the date of this Decision.
11.	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 Central Falls Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.  It is the further understanding of the Board that the Applicant has provided an approved sprinkler head above the boiler within this facility.  Finally, the Board shall maintain this as an open file in the event the parties determine that additional time may be needed.

	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)].