The above-captioned case was scheduled for hearing on January 14, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Pearson, Coutu, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ernest Camino of the Valley Falls Fire Marshals Office.  A motion was made by Commissioner Wahlberg 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 July 11, 2002 inspection report compiled by the Valley Falls Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Valley Falls Fire Marshals Office during the January 14, 2003    hearing on this matter.  Accordingly, the Board hereby incorporates the July 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 Sections 23-28.16-3 in order to allow the Applicant to maintain exit access through the Kitchens of the apartments within this facility.  In granting this variance, it is the understanding of the Board that the Valley Falls Fire Marshals Office has no objection in light of the Applicants agreement to provide this with an approved fire alarm system as outlined in item 10 below.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to maintain the existing construction and rating of the cited interior stairways within this facility.  In granting this variance, the Board directs the Applicant to provide each of these stairways with an approved Class A finish on the wainscoting installed at the direction and to the satisfaction of the Valley Falls Fire Marshals Office, within sixty (60) days from the date of this Decision.
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 door within this complex.
4.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the cited door with approved UL listed spring-loaded hinges, installed at the direction and to the satisfaction of the Valley Falls Fire Marshals Office, within sixty (60) days from the date of this Decision.
5.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(c) in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved solid core wood doors an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction a to the satisfaction of the Valley Falls Fire Marshals Office, within sixty
 (60) days from the date of this Decision.
6.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(f) in order to allow the Applicant not to provide the cited doors with approved panic hardware.  In light of the allowed door swing, such a requirement would impose a structural hardship upon the Applicant.
7.	The Board hereby grants a variance from the provisions of Section 23-28.16-11 in order to allow the Applicant to not provide this facility with exit signage.   In granting this variance, it is the understanding of the Board that the Valley Falls Fire Marshals Office has no objection in light clear exit routes within this facility.
8.	As a condition of the Variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the valley Falls Fire Marshals Office, within sixty (60) days from the date of this Decisions.
9.	The Board hereby grants a variance from the provisions of section 23-28.16-3 and NFPA Standard 10, 1988 edition in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers.
10.	During the January 14, 2003 hearing on this matter, the Board was advised that the Applicant had provided this facility with an approved fire alarm system.  Accordingly, as a condition of the variances granted herein, the Board directs the Applicant to maintain the newly fire alarm system as required system for 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)].