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 Pearson and seconded by Commissioner Filippi 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, 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 June 11, 2001inspection 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 varices 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.  The above finish 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.  Finally, it is the understanding of the Board that the Valley Falls Fire Marshals Office has no objection to the granting of this variance in light of the fact that the Applicant has agreed to provide this facility with an approved fire alarm system as outlined in item 10 below.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 to the satisfaction of the Valley Falls Fire Marshals Office by relocating the cited door.
3.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited door.  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&c) in order to aloe the Applicant to provide the 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 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.
5.	See item 5.
6.	The Board grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant not to maintain panic hardware on the cited doors.
7.	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 a condition of
 the variance granted herein.  Specifically, the exits are clearly defined and readily accessible.
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.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.16-13 in order to allow the Applicant to provide each of the apartments units of this facility with approved units of this facility with approved fire extinguishers. In granting this variance, it is the understanding of the Board that the Applicant has already provided units with these 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 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)].