The above captioned case was scheduled for hearing on August 20, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Burlingame, Filippi, Newbrook, Wahlberg, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barrosso of the Woonsocket Fire Marshals Office.  The motion was thereupon made by Commissioner Wahlberg and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed with the abstention vote of Commissioner Pearson.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an April 3, 2001 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 August 20, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 3, 2001 inspection report as its initial findings of fact.
	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 egress system for this facility as modified herein.  In granting this variance, the Board notes that the Applicant has agreed to provide this facility with an approved fire alarm system as outlined in item 10 below.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain access to the fire escape system of this facility through a bedroom over a roof.  In granting this variance, the Board directs the Applicant to provide an approved metal walkway over the combustible roof and to remove all locks and locking devices from the bedroom doors through which access to the fire escape system is achieved.  The above walkway shall be 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.
3.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain the existing construction and configuration of the stairways within this facility.
4.	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 rating of the cited stairways and to further maintain the existing wainscoting within the stairways.  In granting this variance, the Board directs the Applicant to provide the approved wainscoting with an approved Class A finish, 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.	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 the egress system of this facility.
6.	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 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 Marshal, within one hundred and twenty (120) days from the date of this Decision.  Finally, the Board hereby grants a variance from the provisions in order to allow the Applicant to maintain the existing swing of the cited exterior doors of this facility.  The above variances are granted pursuant to the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 10 below.
7.	It is the understanding of the Board that deficiency 10 is not required and not being requested by the Woonsocket Fire Marshals Office.
8.	As a condition of the variances granted herein, the Board directs the Applicant to correct deficiency 8 by providing this facility with approved emergency lighting covering the common means of egress, 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.
9.	It is the understanding of the Board that the Applicant has corrected deficiency 9 to the satisfaction of the Woonsocket Fire Marshal.
10.	As a condition of the variances granted herein, the Board directs the Applicant to correct deficiency 10 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, in accordance with the provisions of Section 23-28.16-6 and the most recent amendments to the fire alarm provisions of the State Fire Code, 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)].