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 Preiss and seconded by Commissioner Evans 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 July 29, 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 July 29, 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 grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the existing construction and configuration of the interior stairways and hallways of this facility.  In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 10 below.  The Board further grants a variance in order to allow the Applicant to utilize existing windows as an emergency exit from the fourth floor unit of this facility.  The Board further grants a variance in order to allow the Applicant to utilize stairway access through the kitchens of this facility as a means of egress.  The above variances are based upon structural hardship.  Finally, with regard to the Applicants emergency exit from the fourth floor, the Board directs the Applicant to work with the Central Falls Fire Marshals Office in developing a plan of action acceptable to that office for the operation of the fire escape system of this facility.  Accordingly, this file is held open pending review of the Applicants plan of action for correction of the fire escape system within this facility.
2.	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 steel doors maintaining an approximate fire rating of at least 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 egress system walls and ceilings and to further provide the cited wainscoting within the egress system with an approved Class A finish, 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.	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 stairways within this facility.  This variance is based on structural hardship and the absence of an objection by the Central Falls Fire Marshals Office.
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the cited egress system doors of this facility with approved spring-loaded hinges installed to the satisfaction of the Central Falls Fire Marshals Office.
5.	The Board hereby directs the Applicant to correct deficiency 5 as outlined in item 2 above.  It is the understanding of the Board that most of these new doors have been installed.
6.	The Board hereby directs the Applicant to correct deficiency 6 by providing this facility with approved Class A externally illuminated exit signage, 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.	As a condition of the variances granted herein, the Board hereby directs that the emergency lighting, previously installed by the Applicant, shall be deemed a required system for the purposes of maintenance.
8.	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 of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office within fifteen (15) days from the date of this Decision.
9.	The Board hereby grants a variance from the provisions of Section 23-28.16-14 in order to allow the Applicant to maintain the engineered sprinkler system installed throughout the egress passageways of this facility.  This variance is subject to testing and approval of this system by the Central Falls Fire Marshals Office.
10.	As a condition of the variances granted herein, the Board directs that the Applicant maintain the recently installed fire alarm 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)].