The above captioned case was scheduled for hearing on February 11, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Pearson, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barosso of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Pearson 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 22, 2002inspection 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 February 11, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 22, 2002 inspection report as its initial findings of fact.  Any modification of the Board findings such as correction of a deficiency 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 system of this facility as modified herein.  In granting this variance, the Board further directs the Applicant to provide an approved Class A finish on the cited wainscoting throughout this facility.  The Board further directs the Applicant to provide metal hoops on the fire escape ladders of this facility in order to protect those who use the ladders from injury.  Finally, the Board directs the Applicant to remove all locks and locking devices from those doors through which access to the fire escape system is achieved.  The above corrections shall be made by the Applicant, 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.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 & 6 in order to allow the Applicant to maintain the existing construction and rating of the egress system walls within this facility and to further provide the egress system door jambs of this facility with approved solid core 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 of the date of this Decision.  Finally, the Board notes that the Applicant has reswung the cited doors to the exterior in order to allow them to swing in the direction of exit travel.
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 provide each of the apartment units of this facility with an approved fire extinguisher, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within fifteen (15) days of the date of this Decision.
4.	The Board hereby directs the Applicant, as a condition of the variances granted herein, to provide this facility with an approved local fire alarm system and approved emergency lights, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within one hundred and twenty (120) days of the date of this Decision.  It is the understanding of the Board that the Woonsocket Fire Marshal is not requesting additional exit signage within this facility.
5.	During the February 11, 2003 hearing on this matter, the Board was advised that the parties were unsure of the BTU rating of the boiler within this facility.  Accordingly, if the boiler in this facility maintains a BTU rating of over 160,000 the Board directs the Applicant to provide it with an approved domestically supplied sprinkler head and remote shutoff, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office.

	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)].