The above captioned case was scheduled for hearing on December 10, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Newbrook, Richard, Pearson, Coutu, Evans, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Waterman of the Smithfield Fire Marshals Office.  A motion was made by Commissioner Evans 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 1, 2002 inspection report compiled by the Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the December 10, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the July 1, 2002 inspection report as its initial findings of fact.  Any deficiency corrected 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.	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-2(b)(1) in order to allow the Applicant to maintain an approved twenty- (20) minute solid core door at the top of the basement stairs within this facility.  In granting this variance, the Board notes that during the December 10, 2002 hearing, the Applicant received additional variances for the basement stairway ceiling height and the open stairway from the basement storage room as outlined in items 6 & 8 below.
	C & D.  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 winding stairways and ratings of the walls on the first, second and third levels of this facility.  See items 7 & 11 below.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3(a) in order to allow the Applicant to maintain the existing second means of egress from the basement apartment through the storage room of the building.  In granting this variance, the Board notes that the Applicant shall maintain an emergency window egress from the basement apartment.
3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by removing the cited washing machine to the satisfaction of the Smithfield Fire Marshals Office.
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 A, B & C, by removing the cited curtains, at the direction and to the satisfaction of the Smithfield Fire Marshals Office.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5, as it related to the basement storage area, at the direction and to the satisfaction of the Smithfield Fire Marshals Office.
6.	The Board hereby grants a variance from the provisions of Section 23-28.16-3(b) in order to allow the Applicant to maintain the basement ceiling at less than seventy-four (74) inches in height.  This variance is based on structural hardship and in the absence of an objection from the Smithfield Fire Marshals Office.
7.	The Board hereby grants a variance from the provisions of Section 23-28.16-5(a)(1) in order to allow the Applicant to maintain the existing construction and flame resistant rating of the cited rear stairway of this facility.  (See item 1 above.)
8.	The Board hereby grants a variance from the provisions of Section 23-28.16-5(a)(1) in order to allow the Applicant to maintain an open stairway from the basement storage room to the rear exit.  In granting this variance, it is the understanding of the Board that this area shall be utilized for storage only.  As a condition of this variance, the Board directs the Applicant to maintain an approved solid core wood door at the top of the basement stairs to the satisfaction of the Smithfield Fire Marshals Office.
9.	It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing the cited stairway from the second to the third floor with an approved handrail.
10.	The Board hereby grants a variance from the provisions of Section 23-28.16-5(e) in order to allow the Applicant to maintain the cited stairway without a landing.  This variance is based on structural hardship.
11.	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.
12.	A-D.  The Board hereby grants a variance from the provisions of Section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited doors of this facility.  This variance is based on structural hardship and in the absence of an objection by the Smithfield Fire Marshals Office.
13.	A-C.  The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the cited doors with approved UL listed spring-loaded hinges or self-closing devices, installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
14.	A-B.  the Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the existing cited door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes and equipped with spring-loaded hinges as outlined in item 13 above and installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
15.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs, installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
16.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
17.	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 the option of providing each of the apartment units of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office.  In any event, the Applicant is directed to provide this facility with approved fire extinguishers equipment within fifteen (15) days from the date of this Decision.
18.	It is the understanding of the Board that the Applicant has corrected deficiency 18 by removing the cited curtains.
19.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (120) days from the date of this Decision.
20.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved residential smoke detection, installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office, in accordance with the provisions of Section 23-28.34-2 through 23-28.34-4, within one hundred and twenty (120) days from the date of this Decision.
21.	The Board hereby grants a variance from the provisions of Life Safety Code Section 5-2.8.2 in order to allow the Applicant to maintain the existing fire escape as a second means of emergency egress from this facility.  In granting this variance, it is the understanding of the Board that the fire escape is in good condition and is provided with good access.
22.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved key box, installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
23.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved domestically supplied sprinkler coverage throughout the egress passageways and in the boiler room of this facility and installed at the direction and to the satisfaction of the Smithfield Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.  The above domestically supplied sprinkler heads shall be properly engineered in accordance with the general standards outlined in NFPA 13D.
24.	During the December 10, 2002 hearing on this matter, it was the understanding of the Board that as of that day the Applicant had accumulated over twenty-four million dollars in fines and fees as the direct result of non-compliance with an original inspection by the Town of Smithfield.  In the event the Applicant fully complies with the directives of the Board as outlined above within the time frames provided to the satisfaction of the Smithfield Fire marshal, the Board hereby waives the above fines and fees. 

	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)].