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 Cimino of the Valley Falls Fire Marshals Office.  A motion was made by Commissioner Newbrook 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 January 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 January 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 the existing egress system of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Valley Falls Fire Marshals Office has no objection.
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 within this facility.  In granting this variance, the Board directs the Applicant to provide an approved Class A finish on the cited wainscoting and wood paneling within this facility.
3.	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 system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes. The above doors shall further equipped with UL spring-loaded hinges and installed at the direction and to the satisfaction of the Valley Falls Fire Marshals Office, within ninety (90) days from the date of this Decision.
4.	It is the understanding of the Board that deficiency 4 is moot and not a violation.
5.	It is understanding of the Board that the Applicant has corrected deficiency 5 by providing the egress system doors with approved panic hardware, installed at the direction and to the satisfaction of the Valley Falls Marshals Office.
6.	During the January 14, 2003 hearing on this matter, the board was advised that the Valley Falls Fire Marshals Office did not request exit signage as condition of this variance granted herein.  Specifically, the exits are clearly defined.
7.	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 ninety (90) days from the date of this Decision.
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing approved portable fire extinguishers throughout the hallways an exit system of this in accordance with the code.  The Board hereby grants the Applicant an optional variance from the provisions of Section 23-28.16-13 in order to allow the Applicant the option of either maintaining these extinguishers in their current location or providing each of the apartment units with approved fire extinguishers in the future.
9.	During the January 14, 2003 hearing on this matter, the Board was advised that the Applicant has already provided this facility with an approved fire alarm system installed in accordance with the provisions of Section 23-28.25-4(a).  Accordingly, as a condition of the variance granted herein, the Board directs the Applicant to maintain the cited fire alarm 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)].