The above-captioned case was scheduled for hearing on May 20, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi and Burlingame were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Cournoyer of the Central Falls Fire Marshal’s 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 numbers of the Decision below correspond with those of a May 6, 2003 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the May 20, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the May 6, 2003 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 23-28.8-6 in order to allow the Applicant to maintain a ladder to reach the first floor roof from the third floor fire escape landing.  In granting this variance, the Board directs the Applicant to provide an approved steel grate over the roof with an additional ladder to ground, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.  The Board further grants a variance from the above provisions in order to allow the Applicant to continue to use the ladder from the ground to the first floor roof and from the second floor south side fire escape.  In granting this variance, it is the understanding of the Board that the fire escapes are in good condition.
	
2.  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 systems of this facility as outlined herein.  Specifically, the Applicant shall be allowed to continue to utilize window access to the fire escapes of this facility and to maintain the stairway of this facility as outlined herein.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize bedroom windows as access points to the fire escape system of this facility.  In granting this variance, the Board the 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 Board further grants a variance from the above provisions in order to allow the Applicant to access the rear stairway of this facility through kitchens.
	
4.  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to provide the existing 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 spring loaded hinges installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within sixty (60) days of the date of this decision.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing wall and ceiling construction within the egress system and to maintain the wainscoting within the egress system.  As a condition of this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class “A” finish installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within sixty (60) days of the date of this decision.
	
5.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to utilize approved UL listed spring loaded hinges on the egress system doors of this facility.
	
6.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes as outlined in item #4 above.
	
7.  It is the understanding of the Board that the Central Falls Fire Marshal’s office is not requesting exit signs as a condition of the variances granted herein.  It is the further understanding of the Board that the exits are readily distinguishable by the occupants of this facility.
	
8.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting.
	
9.  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 along with the basement with approved fire extinguishers installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.  Whether or not the Applicant utilizes this optional variance, the Applicant is directed to provide this facility with approved fire extinguishers within fifteen (15) days of the date of this decision.
	
10.  As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the recently installed fire alarm system as a required system.
	
11.  As a condition of the variances granted herein, the Board directs the Applicant to maintain the recently installed key lock box as a required system.
	
12.  The Board directs the Applicant to provide the furnaces of this facility with approved remote shut off switches installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within sixty (60) 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)].