The above-captioned case was scheduled for hearing on November 18, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Morris of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Coutu 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 an October 17, 2002 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the November 18, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the October 17, 2002 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide an approved non-combustible grate over the roof from the egress window to a ladder to the ground, at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office.  Accordingly, the Board grants a variance to allow the Applicant to utilize a window for the fire escape and to maintain a fire escape as a second means of egress.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  The Applicant shall have a period of 120 days to make the above corrections.
	
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 plaster construction of the cited stairways and to maintain the existing winding stairs within this facility.  In granting these variances, the Board directs the Applicant to provide all wood and wooden surfaces and wainscoting within the stairways with an approved Class “A” paint, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office within 120 days of 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 provide all of the egress system door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.  During the November 18, 2003 hearing on this matter, the Board was advised that the Applicant has existing steel doors and jambs in part of the egress system.  Accordingly, the Board hereby grants the Applicant a variance to maintain the existing steel doors and jambs within the egress system and not to have to replace these with approved solid core wood doors.  In granting this variance, the Board directs that the steel doors shall be equipped with approved spring loaded hinges, to the satisfaction of the Woonsocket Fire Marshal’s office.  Finally, the Board grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing door swing of the doors leading to the exterior of this building.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing this facility with approved exit signage installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office within 120 days of the date of this decision. 
	
5.  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 provide each of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office within fifteen (15) days of the date of this decision.  In the event that the Applicant chooses not to utilize this option, the Applicant shall provide the above fire extinguishers in accordance with NFPA Standard 10, 1988 edition, at the direction and to the satisfaction of the Woonsocket Fire Marshal within fifteen (15) days of the date of this decision.
	
6.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system and approved emergency lighting installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee, within 120 days of the date of this decision.
	
7.  In the event that the Applicant maintains a heating unit in the basement of this facility, the Board hereby directs the Applicant to provide that unit with an approved remote shut off switch, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.

 
STATUS OF DECISION AND APPEAL RIGHTS
	
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 Applicant’s 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. (See:  Board Rules and Regulations, section 6-2-17).
	
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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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.  (See: Board Rules and Regulations, section 6-2-20).
 
The Applicant may appeal the Board’s 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)].