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 Newbrook 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 May 1, 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 1, 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 directs the Applicant to correct deficiency 1 by providing the boiler with an approved remote shutoff switch at the top of  the cellar stairs, 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.
2.	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 items 3 and 4 below.
3.	The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to maintain the existing construction and rating of the cited egress system walls of this facility.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal.  The Board further directs the Applicant to provide two (2) domestic sprinkler heads, at the direction and to the satisfaction of the Central Falls Fire Marshal, to cover the ceiling wainscoting within the egress system of this facility.  The above work on the wainscoting and sprinkler coverage shall be completed 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 23-28.17-4 in order to allow the Applicant to maintain the existing wall and ceiling construction provided the Applicant repair the same, at the direction and to the satisfaction of the Central Falls Fire Marshals Office.  The Board further directs the Applicant to provide the existing 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 Central Falls Fire Marshals Office.  The Board hereby grants a variance from the above provisions in order to allow the Applicant to maintain the existing rating of the basement stairs and maintain an open hallway between the stairways of this facility.  The Board further grants a variance from the above provisions in order to allow the Applicant to utilize fire escapes as a second means of egress from units 1, 5 and 6 and to further allow window access to fire escapes from units 1, 5 and 6.  However, the Applicant is directed to provide approved push-out type windows for the access route from units 1, 5 and 6.  The Board further directs the Applicant to remove all locks and locking devices from any bedroom 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 provide an approved steel grating over the combustible roof used as an exit from unit 2.  This grating shall be 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.  Finally, the Board directs the Applicant to provide any segregation of the egress system, deemed necessary by the Central Falls Fire Marshals Office, at the direction and to the satisfaction of the Central Falls Fire Marshals Office.
5.	The Board hereby grants a variance from the provisions of Section 23-28.17-5 in order to allow the Applicant to provide the cited egress doors with approved UL listed spring-loaded hinges, 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.
6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage, installed 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.
7.	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.
8.	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 this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the Central Falls Fire Marshal, within fifteen (15) days from the date of this Decision.
9.	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.
10.	The Board hereby directs the Applicant to correct deficiency 10 by removing the combustible waste within the basement of this facility, at the direction and to the satisfaction of the Central Falls Fire Marshals Office.

	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)].