The above-captioned case was scheduled for hearing on June 10, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Pearson, Filippi, and Burlingame were present.  Commissioner Rene Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Conoyer of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook 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 April 30, 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 June 10, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 30, 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 seven foot lead to ground on the fire escape ladder of this facility.  In granting this variance, it is the understanding of the Board that the Central Falls Fire Marshal’s Office has no objection.
	
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 egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the wainscoting within the stairways and hallways with an approved Class “A” finish.  The Board further directs the Applicant to seal off and repair any holes within the stairway walls and ceilings and to further provide the attic access with one-hour rated material, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.  The Board further directs the Applicant to remove all locks and locking devices on the bedroom doors through which access to the fire escape system is achieved.  The above variance shall allow the Applicant to continue to utilize windows as second exits and to utilize fire escapes as exits provided these are maintained to the satisfaction of the Central Falls Fire Marshal’s office.  It is the understanding of the Board that the Central Falls Fire Marshal’s office has no objection to the granting of this relief.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.16-3 and 23-28.16-5 and 6 in order to allow the Applicant to maintain the existing construction and rating of the stairway walls and ceilings provided that they are repaired in accordance with the provisions of item #2 above.  The Board further grants a variance from the above provisions in order to allow the Applicant to provide the existing 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 spring loaded hinges installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.  As outlined in item #2 above, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors through which access to the fire escape system is achieved.  Finally, the Board allows access to the stairways through the kitchens and bedrooms and allows the hallways to maintain their existing openness on the basis of structural hardship.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing the cited apartment doors with approved UL listed spring loaded hinges.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency #5 as outlined in item #4 above.
	
6.  During the June 10, 2003 hearing on this matter, the Board was advised that the exits are clearly distinguishable and that the Central Falls Fire Marshal’s office was not requesting additional exit signage as a condition of the variances granted herein.
	
7.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
8.  The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to provide the Applicant with an option of either providing this facility with extinguishers in accordance with NFPA Standard 10 or by providing each of the apartment units and the basement of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.  In any event, the above fire extinguishers shall be provided in this facility within 15 days of the date of this decision.
	
9.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office, within 120 days of the date of this decision.
	
10.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved lock box for keys, installed at the direction and to the satisfaction of  the Central Falls Fire Marshal’s office, within 120 days of the date of this decision.  Note:  Unless another time is specified, all remaining deficiencies in this facility shall be corrected 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)].