The above-captioned case was scheduled for hearing on January 07, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Richard, Filippi, Coutu, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barroso of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The number of the Decision below correspond with those of a January 4, 2001 inspection report compiled by the Woonsocket Fire Marshals Office.  The above report and was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the January 7, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 4, 2001   inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency 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.	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 egress system of this facility as modified herein.  The Board further directs the Applicant to provide the cited wainscoting with an approved Class A finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
2.	The Board hereby grants a variance from the provisions of Sections 23-28.16-3 in order to allow the Applicant to maintain fire escape access through bedroom windows.  In granting this variance, it is the understanding of the Board that the windows are of proper size and fully functioning and that the fire escape is in good repair. Finally, the Board directs the Applicant to remove all locks and locking devices from those doors through which access to the fire escapes system is achieved.  It is the understanding of the Board that the Woonsocket Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system.
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 construction and configuration of the stairways utilized as an egress system throughout this facility.  This variance is granted pursuant to the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 9 below.
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 fire rating of cited stairs of this family.  See item 1 above. 
5.	The Board hereby grants a variance from the provisions of sections 23-28.16-5 in order to allow the Applicant to provide each of the egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes 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 Marshals Office within one hundred and twenty (120) days from the date of this Decision.  Finally, 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 swing of the cited exterior doors to this facility.
6.	It is the understanding of the Board that deficiency 6 is Grandfathered and not being requested by the Woonsocket Fire Marshal as a condition of the variance.
7.	As a condition of the variance 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 Woonsocket Fire Marshals Office or designee, within one hundred and twenty (120) days from the date of the Decision.  
8.	The Board hereby grants the Applicant an optional variance from the provisions of Section 23-28.16-13 an optional variance from the provision of Section 23-28.16-13 and NFPS Standard 10, 1988 edition in order to provide each of the apartment units of this facility with approved fire extinguishers, installed to the satisfaction of the Woonsocket Fire Marshals within fifteen (15) days from the date of this Decision.  
9.	As a condition of the variance granted herein, the Board hereby directs the Applicant to provide to provide this facility with an approval local fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee, 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 longs 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 variance granted under the above-cited use or occupancy.  If such changes 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 create 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)].