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 OConnell and seconded by commissioner Preiss 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 18, 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 July 18, 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 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 the egress system of this facility.  Finally, it is the understanding of the Board that the Woonsocket Fire Marshals Office has no objection to this relief in light of the Applicants agreement to provide this facility with an approved fire alarm system.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the applicant relief from the one (1) hour door and assembly requirements of the code as long as the Applicant utilizes one of the two options outlined by the Board below.  The Applicant may provide the existing egress system door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes or the Applicant may choose to maintain the existing apartment doors and provide approved domestically supplied sprinkler coverage on both sides of these door with a properly engineered system.  In any event, the Applicant shall utilize one of these two options in conjunction with UL listed spring-loaded hinges on each door, 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.  Finally, the Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the applicant to maintain the existing swing of the door to the exterior of this facility.
3.	The Board hereby grants the Applicant an optional variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to either install fire extinguishers within this facility in accordance with NFPA Standard 10, or to provide each of the apartment units within this facility with approved fire extinguishers.  In any event, the fire extinguishers shall be installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within fifteen (15) days of the date of this Decision.
4.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed 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.
5.	As a further condition of this variance, 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 one hundred and twenty (120) days from the date of this Decision.
6.	It is the understanding of the Board that the heating system of this facility is under 160,000 BTUs and accordingly is not required to be enclosed. 

	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)].