The above-captioned case was scheduled for hearing on October 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Evans, Burlingame, Coutu, Filippi 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 Burlingame and seconded by Commissioner Coutu 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 a June 26, 2002 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 October 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 26, 2002 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, it is the understanding of the Board that the Woonsocket Fire Marshal’s office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item #9 below.
	
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 from the basement apartment of this facility.  In granting this variance, the Board notes that the basement apartment was built into a hill and has one direct means of egress outside with 
emergency means through accessed windows to the outside.  In light of the above, the Woonsocket Fire Marshal’s office has no objection.
	
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 cited stairwells of this facility.  In granting this variance, the Board further directs the Applicant to provide any wainscoting or other wood surfaces 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 ninety (90) days of the date of this decision.
	
3(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 system of this facility.  This variance is based on structural hardship in the absence of an objection by the Fire Marshal.
	
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 rating and construction.  The Board further directs the Applicant, as a condition of this variance, to provide the wood surfaces and wainscoting within the stairway with an approved Class “A” finish installed at the direction and to the satisfaction of  the Woonsocket Fire Marshal within ninety (90) 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 egress system 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’s office within ninety (90) days of the date of this decision.  Finally, the Board hereby grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the cited egress doors.
	
6.  During the October 21, 2003 hearing on this matter, the Board was advised that the Woonsocket Fire Marshal’s office was not requesting additional exit signage in this facility 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 Woonsocket Fire Marshal’s office with ninety (90) 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 of this facility with an approved fire extinguisher.  It is the understanding of the Board that the fire extinguishers have already been installed by the Applicant.
	
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 Woonsocket Fire Marshal or designee, within ninety (90) 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)].