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 Captain Dion of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Wahlberg 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 May 23, 2002 inspection report compiled by the Central Falls Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Central Falls 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 May 23, 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 23-28.17-2 in order to allow the Applicant to maintain the existing egress of this building as modified herein.  In granting this variance, the Board directs the Applicant to provide this facility with approved new fire escapes, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office and to further remove all locks and locking devices from the bedroom doors through which access to the fire escape system is achieved.  The above reconstruction of the fire escape system shall be within one hundred and twenty (120) from the date of this Decision.
2.	The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to maintain the interior existing egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the existing egress system 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 UL listed spring-loaded hinges and installed to the satisfaction of the Central Falls Fire Marshals Office.  It is the understanding of the Board that the above doors have already been installed by the Applicant.
3.	The Board hereby grants a variance from the provisions of Section 23-28.17-4 in order to allow the Applicant to maintain the recently installed solid core wood doors within this facility.  The Board Further directs the Applicant to provide the interior basement doorjamb with an approved solid core wood door as outlined above within one hundred and twenty (120) days from the date of this Decision.  The Board further grants a variance from the above provisions to allow the Applicant to maintain the hallway which connects the stairways of this facility provided the Applicant install an approved new fire escape system, at the direction and to the satisfaction of the Central Falls Fire Marshal within one hundred and twenty (120) days from the date of this Decision.
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing approved self-closures on the cited doors.
5.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage, at the direction and to the satisfaction of the Central Falls Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
6.	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 Central Falls Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
7.	It is the understanding of the Board that the Applicant has corrected this deficiency by providing this facility with approved fire extinguishers.  The Board hereby grants a variance from the provisions of Section 23-28.17-12 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, if the Applicant wishes to renew the fire extinguishers from the common use areas in the future.
8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Central Falls Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
9.	It is the understanding of the Board that the Applicant has corrected deficiency 9 by removing the cited blockage in the rear stairwell.
10.	It is the understanding of the Board that the Applicant has corrected deficiency 10 by discontinuing the acetylene torch work in a non-fire rated work area.
11.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved domestic sprinkler head over the boiler and to further provide the boiler with an approved remote shutoff switch, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office.  The above boiler work shall be completed 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)].