As indicated in the file, a hearing involving the above-captioned properties was conducted on Tuesday, September 19, 2017 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Chairman Newbrook and Commissioners Pearson, Jackson, Sylvester and Booth.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Polacek of the Woonsocket Fire Marshals Office.
APPLICANT: Frank Bragantin and Jason Iacobucci.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Frank O. Bragantin (authorized representative) of Plaza Village Group, 558 Smithfield Avenue, Pawtucket, RI dated July 24, 2017.
3.	The Application was received by the Board and File  170108-170116 were opened on August 30, 2017.
4.	The referenced properties were previously before the Board on three (3) occasions wherein the following decisions were issued:
							    Prior Board Decisions
170108		41-45 Village Road		050670		050670A		050670B
170109		346-350-366 Village Road		050676		050676A		050676B
170110		216-220-226 Village Road		050675		050675A		050675B
170111		156-160 Village Road		050674		050674A		050674B
170112		104 Village Road			050672		050672A		050672B
170113		136 Village Road			050673		050673A		050673B
170114		461-465-471 Village Road		050678		050678A		050678B
170115		75 Village Road			050671		050671A		050671B
170116		385-399-403 Village Road		050677		050677A		050677B

		Hearing Date:			11/6/08		3/3/09		3/20/12
		Decision Date:			11/14/08		7/7/09		4/12/12


5.	A subsequent hearing on the Applications was conducted on September 19, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Pearson and seconded by Commissioner Sylvester to grant the Applicant the relief as outlined herein.  The motion passed on a 5 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170108-170116 and are pertinent to the decision rendered:

1.	Variance Application  170108-170116 dated July 24, 2017 and filed on August 30, 2017.
2.	Decisions  050670-78, A & B dated 11/14/08, 7/7/09 and 4/12/12.
3.	Applicants plan of action from Jensen Hughes dated September 19, 2016.
4.	Applicants plan of action from Robinson Green Beretta with drawings dated June 24, 2016 [sic].
5.	Letter of authorization for Frank O. Bragantin from John K. Cooper dated July 27, 2017.
6.	Plan of action approval letter from the Woonsocket Fire Marshal's Office dated August 29, 2017.

EXHIBITS

The following documents were presented at the September 19, 2017 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below corresponds with the June 24, 2017 plan of action and variance request compiled by the Applicant (RGB).  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshals Office during the September 19, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the June 24, 2017 plan of action 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.
2.	The complex consists of nine (9) existing 3-story apartment buildings originally built in 1975, comprising two hundred twenty-nine (229) dwelling units.
3.	The buildings are of Type V (000) construction, have compliant fire alarm systems and are not provided with an approved automatic sprinkler system (a domestically-supplied sprinkler head is provided over each boiler).
4.	There is no objection by the Woonsocket Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	MEANS OF ESCAPE: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.2.1.2 and 24.2.2 by allowing the existing dwelling unit windows in Buildings  41, 45, 75, 104, 136, 156 and 160 to remain in use.  In granting this relief, the Board notes that the minimum width is non-compliant by only one inch (1) and that all of the affected windows exceed the minimum 5.7 square feet of clear opening.
2.	OPENING PROTECTIVES: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 8.3.4.2.2 and 8.3.4.3 by allowing the existing dwelling unit doors to remain in use.  In granting this relief, the Board notes that the existing doors while not labeled, are all 1-3/4 solid wood in metal frames and are self-closing and self-latching.
3.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.1.3.2.1(9) by allowing the existing normally unoccupied spaces (mechanical & electric rooms) to open directly into the exit enclosure.  In granting this relief, the Board notes that all of the mechanical rooms have 90-min B label doors and that all of the electric rooms will be provided with new 60-min B labeled doors.  The Board further approves the continued use of spaces under the stairs in buildings  41 and 160 for hot water storage tank units.
4.	EGRESS: The Board hereby grants the Applicant a variance from the provisions of RILSC sections 7.2.2.4.5.2 and 7.2.2.4.5.4 by allowing the existing stair guards to remain in use.

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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 and 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.  (See: Fire Safety Code, section 6-2-22).
2.	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: Fire Safety Code, section 6-2-23.)  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: Fire Safety Code, section 6-2-24).
3.	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.  (See:  Fire Safety Code, section 6-2-25).
4.	In accordance with R.I.G.L 42-35-12, 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.  (See: Fire Safety Code, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].