The above-captioned case was scheduled for hearing on July 15, 2003 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Pearson, Newbrook, Burlingame, Coutu, and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barroso of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame 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 Woonsocket Fire Marshal’s Office report number 2001-032.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the July 15, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the Woonsocket Fire Marshal’s report number 2001-032 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 emergency egress from the first floor windows of this facility.  In granting this variance, the Board has been advised that the Woonsocket Fire Marshal’s office has no objection and that the windows, to be utilized as emergency means of egress, are compliant with the minimum required dimensions under the Code.
	
2.  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain the existing egress on the first floor of this facility as outlined above.  In granting this variance, it is the understanding of the Board that the Applicant has provided this facility with an approved fire alarm system with municipal connection in order to further protect the applicants.  
	
3.  The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to utilize the existing stairways of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the existing wainscoting within the stairways with an approved Class “A” finish installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office within 120 days of the date of this Decision.
	
4.  The Board hereby grants a variance from the provisions of Section 23-28.16-5(d) in order to allow the Applicant to maintain the existing horsehair plaster construction as outlined in item 3 above.
	
5.  During the July 15, 2003 hearing on this matter, the Board was advised that the doors within this facility are solid oak having an approximate weight of 200 pounds each.  The Board was further advised that the door dimension is approximately eight foot by five foot.  Accordingly, the Board hereby directs the Applicant to either replace the cited doors with approved solid core doors with spring loaded hinges or to provide sprinkler coverage on either side of each door or to provide each door with an approved UL listed product which would bring the rating of the door to at least 20 minutes to the satisfaction of the Woonsocket Fire Marshal’s office.  The above doors shall be so corrected by one of the above options within 120 days of the date of this Decision.  The above doors shall be further equipped with approved spring loaded hinges or other UL approved self closing devices installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office within 120 days of the date of this Decision.  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 swing of the cited doors to the exterior of this facility.
	
6.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this Decision.
	
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 Woonsocket Fire Marshal, 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 allow the Applicant the option of providing 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, within 15 days of the date of this Decision.  If the Applicant chooses not to utilize this option, the Applicant is hereby directed to provide the above fire extinguishers within this facility in accordance with NFPA Standard 10, 1988 edition, 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 maintain the existing municipally connected fire alarm system as a required system for purposes of maintenance.

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)].