The above captioned case was scheduled for hearing on July 17, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Pearson, Richard, Evans, Wahlberg, OConnell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Gerald Cournier of the Central Falls Fire Marshals Office.  A motion was made by Commissioner Evans and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
The numbers of the Decision below correspond with those of an October l9, 2000 inspection report compiled by the Central Falls Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshals Office during the July l7, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October l9, 2000 inspection report 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.

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.l-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.l6-2 in order to allow the Applicant to maintain the existing egress system of this facility as modified below.  In granting this variance, it is the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system and thereby enhancing the active fire protection within this facility.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-2 in order to allow the Applicant to maintain the existing construction and rating of the cited stairways and hallways within this facility.  The Board also grants a variance in order to allow the Applicant to utilize the modified fire escape system within this facility.  Specifically, the Applicant shall be allowed to access the escape through a window, but the Applicant shall be required to provide metal grating across the cited combustible roof for egress from one apartment and the Applicant shall further provide an approved platform and ladder for the other apartment on the second floor, at the direction and to the satisfaction of the Central Falls Fire Marshals Office.  The platform and ladder provided for the second floor apartment may maintain an eight-foot (8) lead to ground.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing nine (9) foot lead to ground from the cited combustible roof.  The above fire escape modification shall be at the direction and to the satisfaction of the Central Falls Fire Marshals Office within one hundred and twenty (l20) days from the date of this Decision.  The Board hereby grants these variances conditioned upon the Applicants agreement to provide this facility with an approved fire alarm system.

3.	 The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to utilize the cited grating across the combustible roof.  See item 2 above.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing winding stairways within this facility.  This variance is based upon structural hardship and in light of the Applicants agreement to provide this facility with an approved fire alarm system.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain solid core wood doors in existing apartment and office doorjambs of this facility.  The Applicant is also granted a variance to provide the cited apartment doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Central Falls Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision. The Applicant shall not be required to provide the cited office door with spring-loaded hinges or other self-closing devices.

6.	It is the understanding of the Board that deficiency 6 is Grandfathered and not being required by the Central Falls Fire Marshals Office.

7.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Central Falls Fire Marshals Office, within one hundred and twenty (l20) days from the date of this Decision.

8.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.l6-l3 in order to allow the Applicant an option to either provide fire extinguishing equipment in accordance with NFPA Standard l0, l988 edition or to provide each of the apartment units of this facility with approved fire extinguisher.  Either option shall be complied within fifteen (l5) days from the date of this Decision.

9.	As a condition of all of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed in accordance with the provisions of Section 23-28.25-4(a) and smoke detection installed in accordance with Section 23-28.34-2 through 4, at the direction and to the satisfaction of the Central Falls Fire Marshals Office within one hundred and twenty (l20) days from the date of this Decision.

10.	As indicated during the July l7, 2001 hearing on this matter, if the Applicant brings this facility into full compliance with the State Fire Code so that all of the items granted variance above are actually corrected to the satisfaction of the Central Falls Fire Marshal, then the Applicant shall not be required to provide this facility with an approved fire alarm system.  However, if within one hundred and twenty (l20) days from the date of this Decision the Applicant is not in full compliance with the State Fire Code covering this facility and has not provided this facility with an approved fire alarm system, all of the above variances shall be voided and the Central Falls Fire Marshals Office is directed to refer this case to the Attorney Generals Office for prosecution.

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 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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]