The above-captioned case was scheduled for hearing on October 22, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame, and Commissioners Filippi, Coutu, Wahlberg, OConnell, Newbrook, Richard and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Tom Dybala of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Wahlberg 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 June 11, 2002 inspection report compiled by the North Smithfield Fire Marshals Office. The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the October 22, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 11, 2002 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 23-28.11-4(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 of this facility as modified herein. In granting this variance, the Board directs the Applicant to provide the paneling in the existing stairways with an approved Class A: paint,, installed at the direction and to the satisfaction of the North Smithfield Fire Marshal within ninety (90) days from the date of this Decision.  The Board further directs the Applicant to provide an approved fire escape fixed ladder on this facility in order to allow for the escape of occupants of upper level.  The above fixed fire escape ladder shall be installed at the direction and to the satisfaction of the North Smithfield fire Marshals Office within ninety (90) days from the date of this Decision.  Finally, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.   In light of the above and the fact that the Applicant is providing this facility with an approved fire alarm system, the North Smithfield Fire Marshal advised the Board that he had no objection to this variance.
	2.  The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to maintain the egress system as outlined in item 1 above.
	3.  The Board hereby grants a variance from the provisions of Section 23-28.16.-6 in order to allow the Applicant to maintain the existing swing of the cited egress door.
	4.  It is the understanding of the Board that the Applicant has provided the egress system of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors are equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.  Accordingly, in light of the above improvements of this facility, the Board hereby grants a variance from the provisions of section 23-28.16-6.  Specifically, the Applicant shall maintain the above doors and spring-loaded hinges along with a fire alarm system of this facility as the fire safety equivalent of the above provisions.
	5.  It is the understanding of the Board that the Applicant has correct deficiency 5 by providing this facility with the approved exit signage to the satisfaction of the North Smithfield Fire Marshal.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved fire extinguishers.  The Board hereby grants a variance from NFPA Standard 10, 1988 edition, in order to allow the extinguishing equipment to be provided in each of the apartment units in this facility.  
	7.  As a condition of the variances granted herein, the local fire alarm system installed within this facility shall be deemed a required system for the purposes of maintenance.
	
	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)].