The above-captioned case was scheduled for hearing on June 17, 2003 at 1:00 P.M.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Evans and Burlingame 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 Preiss to grant the Applicant relief as outlined herein.  The motion passed over the abstention of Commissioner Wahlberg.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a May 14, 2003 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the June 17, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the May 14, 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 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize the existing fire escape on this facility as a separate means of egress.  In granting this variance, the Board directs the Applicant to remove any air conditioners or any other equipment which would impede window access to the fire escapes and to further remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  Finally, it is the understanding of the Board that the Woonsocket Fire Marshal’s office has no objection to this relief in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item #9 below and the fact that the windows are of sufficient size to allow access to the fire escape system.
	
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 stairway within this facility.  This variance is granted on the basis of structural hardship in light of the Applicant’s agreement to provide this facility with an approved master fire alarm system.
	
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 stairway construction within this facility.  This variance is also based on structural hardship in light of the Applicant’s agreement to provide this facility with an approved master fire alarm system.
	
5.  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 apartment and basement door jambs of this facility with approved solid core wood or steel doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with approved UL spring loaded hinges installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this Decision.  Finally, the Board grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the cited exterior doors of this facility.
	
5(a).  The Board hereby grants a variance from the provisions of section 23-28.16-5(f) in order to allow the Applicant to maintain the existing winding stairs within the egress stairway of this facility.  This variance is based on structural hardship in light of the Applicant’s agreement to provide this facility with an approved master box fire alarm system.
	
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’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 allow the Applicant to provide 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 Woonsocket Fire Marshal within fifteen (15) days of the date of this Decision
	
9.  The Board hereby directs the Applicant, as a condition of the variances granted herein, to provide the subject complex with an approved municipally connected fire alarm system.  The Board hereby grants a variance in order to allow the Applicant to maintain the fire alarm panel and municipal box in the middle building extending the system to the other two buildings.  The Board hereby grants the Applicant a period of 120 days from the date of this Decision in which to provide the above fire protection as a condition of the variances granted herein.

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)].

Decision mailed on 9-11-03.