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 did not send a representative.  However, by letter dated February 11, 2003, the Albion Fire Marshals Office advised the Board that it had no objection to the requested variances provided that a local fire alarm system is installed in accordance with the State Fire Code.  A motion was made by commissioner Newbrook 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 June 28, 2002 inspection report compiled by the Albion Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Albion Fire Marshals Office.  The above report was utilized by the Board and the Applicant during the February 11, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 28, 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 fire escapes on this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices on those bedroom doors through which access to the fire escape system is achieved.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing interior egress of this facility.  In granting this variance, it is the understanding of the Board that the plaster is in good condition and that the Applicant shall provide the cited wainscoting with an approved Class A finish 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 23-28.16-3 in order to allow the Applicant to provide the interior existing egress 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 to the satisfaction of the Albion Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.  Finally, the Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the cited exterior door.
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 stairway construction as modified herein.  As a condition of this variance, as outline above, the Board directs the Applicant to provide this wainscoting within the stairway with an approved Class A finish within one hundred and twenty (120) days from the date of this Decision.
4.	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 spring-loaded hinges as outline above.
5.	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 portable fire extinguishers, installed at the direction and to the satisfaction of the Albion Fire Marshals Office.  In granting this variance, it is the understanding of the Board that the fire extinguishers are currently in place.
6.	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, exit signs and emergency lighting, installed at the direction and to the satisfaction of the Albion Fire Marshal, 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)].