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 Newbrook 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 June 3, 2002 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 February 11, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 3, 2002 inspection report as its initial findings of fact.  Any modification of the Boards 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 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.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to utilize the fire escapes of this facility as a second means of egress.  In granting this variance, it is the understanding of the Board that the fire escapes are in good condition.  Further, 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.
3.	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 stairway walls within this facility.  In granting this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system as outlined in item 9 below.
4.	The Board hereby grants a variance from the provisions of Section 23-28.16-5(d) in order to allow the Applicant to maintain the existing rating of the cited passageways within this facility.  In granting this variance, the Board again directs the Applicant to provide an approved Class A finish on the wainscoting within the passageways.
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 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 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 swing of the doors leading to the exterior of this facility.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system.
5.	A.  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 this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Woonsocket Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system.
6.	It is the understanding of the Board that deficiency 6 is Grandfathered and not being requested by the Woonsocket Fire Marshals Office as a condition of the variances granted herein.
7.	The Board hereby directs the Applicant, as a condition of the variances granted herein, 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 of the date of this Decision.
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 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.
9.	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, 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.
10.	During the February 11, 2003 hearing on this matter, the Board was advised that there is one (1)-sleeping unit above the third floor of this facility.  Accordingly, the Board hereby grants a variance from the provisions of Section 23-28.16-14 in order to allow the Applicant to provide the egress system of this facility with an approved system of domestically supplied sprinkler heads 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)].