The above-captioned case was scheduled for hearing on November 4, 2003 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of Acting Chairman Burlingame and Commissioners Wahlberg, Filippi and O’Connell were present.  By letter dated October 27, 2003, the Woonsocket Fire Marshal’s office advised the Board that he would not be present.  The Woonsocket Fire Marshal further provided the Board with a list of requests in consideration for the variances granted this facility.  The subcommittee recommendation was adopted by the Board on November 18, 2003.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to accept the subcommittee recommendation as the decision of the Board.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an October 22, 2001 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board and the Applicant during the November 4, 2003 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 22, 2001 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 existing egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the wood surfaces of the egress system with an approved Class “A” paint, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain fire escape access through windows of this facility and to further utilize the fire escape as an emergency means of egress from this facility.  This variance is based on structural hardship.  As a condition of this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  
	
3.  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 rating of the stairways of this facility.  In granting this variance, the Board directs the Applicant to provide the wood surfaces within the stairways with an approved Class “A” paint, at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office.  Finally, in granting this variance, the Board notes that the Applicant shall provide this facility with an approved local fire alarm system as outlined in item #9 below.  
	
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 construction and rating of the stairway walls.  In granting this variance, it is the understanding of the Board that the Applicant has horsehair plaster over wood lathe construction with paneling on the exterior part of the walls.  In granting this variance, the Board directs the Applicant to provide the cited paneling with an approved Class “A” paint, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office, within 120 days of the date of this decision.
	
5.  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 egress door jambs of this facility with approved solid core 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 Woonsocket Fire Marshal within 120 days of the date of this decision.  Finally, 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 swings of the doors leading to the exterior of this facility.  
	
6.  It is the understanding of the Board that deficiency #6 is grandfathered and not being requested as a condition of the variances granted herein by the Woonsocket Fire Marshal’s office.
	
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 or designee, within 120 days of the date of this decision.
	
8.  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 with an approved fire extinguisher, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within fifteen (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 local fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days of the date of this decision.  
	
10.  The Board hereby directs the Applicant to provide the furnace of this facility with an approved remote shut off switch, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office 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 subcommittee’s recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].