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, Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ernest Cimino of the Valley Falls Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 an October 16, 2001 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 October 16, 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 23-28.11-4(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 egress system of this facility as modified herein.
2.	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 rating of the cited stairways servicing the apartments of this facility.  In granting this variance, the Board directs the Applicant to provide any wood within these stairways with an approved Class A finish, installed at the direction and to the satisfaction of the Valley Falls Fire Marshals Office, within one hundred and twenty (120) 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 egress system doors within this facility.  In granting this variance, it is the understanding of the Board that the Valley Falls Fire Marshals Office has no objection.
4.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(b) in order to allow the Applicant to provide the cited doors with approved UL listed spring-loaded hinges, installed at the direction and to the satisfaction of the Valley Falls Marshals Office, within one hundred and twenty (120) 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 cited egress 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 UL spring-loaded hinges and installed at the direction and to the satisfaction of the Valley Falls Fire Marshals Office, within one hundred and twenty (120) 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 to maintain the cited doors without approved panic hardware.  In granting this variance, the Board notes that these doors were previously allowed to maintain their existing swing, which would interfere with the panic hardware.
7.	The Board hereby grants a variance from the provisions of Sections 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 of the clear exit routes within this facility.
8.	As a condition of the variance 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 one hundred and twenty (120) days from the date of this Decision.
9.	During the January 14, 2003 hearing on this matter, the Board was advised that the Applicant has provided this facility with approved fire extinguishers.  The Board hereby grants the Applicant an optional variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to relocate the above fire extinguishers into each of the apartment units with this facility.  Accordingly, the Applicant shall have the option of either maintaining these extinguishers in their current location or providing each of the apartment units with approved fire extinguishers.
10.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Valley Falls Fire Marshals Office, within one hundred and twenty (120) days the date of this Decision.
11.	During the January 14, 2003 hearing on this matter, the Board was advised that this is a four- (4) story facility without an approved sprinkler system. Accordingly, the Board hereby grants a variance in order to allow the Applicant to provide this facility with an approved domestically supplied properly engineered system of sprinkler heads covering the hallways and stairways of the egress systems of this facility.  The above domestically supplied sprinkler heads should be installed at the direction and to the satisfaction of the Valley Falls Fire Marshals Office within one hundred (120) days from the date of this Decision.   
12.	During the January 14, 2003 hearing on this matter, the Board was also advised that the fire escapes serving as a second means of egress from this facility for access through kitchen and through kitchen windows.  The Board was further advised that the fire escape system allowed for travel across the combustible roof.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain fire escape access through kitchens and kitchen windows provided these windows are of appropriate size and properly functioning to the satisfaction of the Valley Falls Fire Marshs Office.  The Board further directs the Applicant to improve the present fire escape system by adding an approved metal grating across the cited combustible roof to allow for fire escape access to be maintained from the building across the roof to an area of refuge.  The above fire escape extension shall be installed at the direction and to the satisfaction of the Valley Falls fire Marshals Office, 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 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)].