The above-captioned case was scheduled for hearing by a subcommittee of the Board on March 8, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioners Filippi and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Garvey of the Central Falls Fire Marshals Office.  The subcommittee recommendations were reviewed by the full Board on March 14, 2006 and approved pursuant to a motion made by Commissioner Pearson and seconded by Commissioner Newbrook with Vice Chairman Coutu abstaining.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 4, 2004 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 during the March 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 4, 2004 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of sections 4.2.1.1 and 7.1.3.2 in order to allow the Applicant to maintain the existing fire escape and ladder on this facility.  In granting this variance, it is the understanding of the Board that the fire escape is in good condition and that the Central Falls Fire Marshal's office does not oppose the variance.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency  2 by providing the boiler with an approved remote shut-off switch installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of section 37.2.4 and its referenced standards in order to allow the Applicant to continue to utilize the fire escapes of this facility and the stairways as means of escape.  In granting this variance, the Board directs that the bedrooms through which access to the fire escape is achieved shall have any locks or locking devices removed from their doors.  Specifically, the access route to the fire escapes of this facility shall be unobstructed allowing for immediate access to these emergency routes.  
	4.  The Board hereby grants a variance in order to allow the Applicant to utilize the existing cited stairways from the second and third floor units of this facility as part of the egress system.  In granting this variance, it is the understanding of the Board that the Applicant has provided the wooden portions of the stairways with an approved Class A finish, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office.  The Board hereby grants a variance in order to allow the Applicant to provide the existing door jambs of the apartments of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes and to further equip these doors with approved spring loaded hinges, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office within 120 days of the date of this decision.  The Board further directs the Applicant to remove all storage in the cellar stairways and other stairways throughout this facility and to remove all storage from the passageways of this facility, at the direction and to the satisfaction of the Central Falls Fire Marshal's office.  It is the understanding of the Board that the remaining portions of deficiency 4 have been corrected to the satisfaction of the Central Falls Fire Marshal's office.
	5.  As outlined in item 4 above, the Board hereby directs the Applicant to correct deficiency 5 by providing the apartment door jambs with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes and to further equip these doors with approved spring loaded hinges, and to install the doors and spring loaded hinges, at the direction and to the satisfaction of the Central Falls Fire Marshal's office within 120 days of the date of this decision.  It is the understanding of the Board that the remaining portions of deficiency 5 have been corrected by the Applicant.
	6.  It is the understanding of the Board that deficiency 6 is not a violation.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved exit signs, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office, as part of the fire alarm package for this facility, within 120 days of the date of this decision.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office, as part of the fire alarm package for this facility, within 120 days of the date of this decision.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing this facility with approved fire extinguishers.  The Board hereby grants a variance in order to allow the Applicant to provide each of the apartments units and the store units with fire extinguishers installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office.
	10.  The Board hereby 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 Central Falls Fire Marshal's office, within 120 days of the date of this decision.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by providing this facility with an approved key lock box, installed at the direction and to the satisfaction of the Central Falls Fire Marshal's office, within 120 days of the date of this decision.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by removing all of the cited storage and rubbish throughout the egress system of this facility and as noted in the August 4, 2004 inspection report, at the direction and to the satisfaction of the Central Falls Fire Marshal's office within 120 days of the date of this decision.

STATUS OF DECISION AND APPEAL RIGHTS
	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.  (See: Board Rules and Regulations, section 6-2-17).
	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.  (See: Board Rules and Regulations, section 6-2-18.)  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. . (See: Board Rules and Regulations, section 6-2-19).  
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. . (See: Board Rules and Regulations, section 6-2-20).
		The Applicant may appeal the subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].