The above captioned case was scheduled for hearing on July 9, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Pearson, Filippi, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Littlefield of the Middletown Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	The numbers of the Decision below correspond with those of a June 4, 2002 inspection report compiled by the Middletown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the July 9, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 4, 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 23-28.1-4(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 one (1) approved means of egress from the apartment units of this facility.  In granting this variance, the Board directs the Applicant to provide an approved emergency means of egress by installing either a ladder or a system of fire escapes approved by the Middletown Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.  The above emergency means of egress shall not be required to fully comply with the egress provisions of the code.  In granting this variance, it is the understanding of the Board that the Applicant shall provide the approved means of egress with an approved one (1) hour rating in conjunction with an approved domestically supplied sprinkler system.
2.	The Board hereby directs the Applicant to correct deficiency 2 by providing the approved means of egress of this facility with an approved one (1) hour fire rating installed at the direction and to the satisfaction of the Middletown Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by removing the cited obstructions within the egress passageways within this facility.
4.	The Board hereby directs the Applicant to correct deficiency 4 by providing the cited north and south stairways with an approved one (1) hour fire rating, installed at the direction and to the satisfaction of the Middletown Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
5.	It is the understanding of the Board that the applicant has corrected deficiency 5 by removing the cited door that closes against the nosing of the bottom step and by installing an approved door at the landing of this facility to the satisfaction of the Middletown Fire Marshals Office.
6.	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 exit door from the south stairway to the outside of this facility.
7.	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 doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Middletown Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
8.	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 existing door jambs in the egress stairways and passageways with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Middletown Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
9.	The Board notes that deficiency 9 is Grandfathered.  However, the Applicant has volunteered to comply with externally illuminated Class A paper or metal exit signage installed at the direction and to the satisfaction of the Middletown Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
10.	The Board directs the Applicant to correct deficiency 10 by either providing the common areas of this facility with approved fire extinguishers in accordance with NFPA Standard 10, 1988 edition or as an option, providing each of the apartment units with approved fire extinguishing equipment.  In any event, the Board directs the Applicant to install the above extinguishers within fifteen (15) days from the date of this Decision.
11.	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 Middletown Fire Marshals Office, in accordance with the provisions of Section 23-28.16-16 and the local fire alarm provisions of the newly adopted state fire alarm code.
12.	During the July 9, 2002 hearing on this matter, the Applicant advised the Board that he would correct deficiency 12 by providing a one (1) hour enclosure around the furnace room and further providing approved sprinkler coverage over the furnace within this facility.  The above sprinkler coverage shall be fed by a domestic water source and installed to the satisfaction of the Middletown 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)].