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.  The fire service was represented by Assistant Deputy State Fire Marshal Dionne of the Central Falls Fire Marshal’s Office.  The subcommittee recommendations were adopted by the Board on November 18, 2003.  At that time a motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to accept the subcommittee recommendations as a decision of the Board.  The motion was unanimous.

INDINGS OF FACT
	
The numbers of the Decision below correspond with those of a February 6, 2003 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the November 4, 2003 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the February 6, 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(a).  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 system door jambs of this facility with approved solid core wood 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 Central Falls Fire Marshal’s office.  It is the understanding of the Board that the Applicant has already provided the egress system with the above solid core doors to the satisfaction of the Central Falls Fire Marshal’s office.
	
2(b).  It is the understanding of the Board that the Applicant has corrected deficiency 2(b) at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
2(c).  It is the understanding of the Board that the Applicant has corrected deficiency 2(c) by removing the cited wainscoting at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
2(d).  It is the understanding of the Board that the Applicant has corrected deficiency 2(d) by repairing the cited holes in the hallway walls and ceilings at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
2(e).  It is the understanding of the Board that the Applicant has corrected deficiency 2(e) by addressing the ceiling in the stairway of this facility to the satisfaction of the Central Falls Fire Marshal’s office.
	
2(f).  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to access the fire escape system of this facility through emergency windows.  This variance is granted on the basis of structural hardship.  As a condition of this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom windows through which access to the fire escape system is achieved.
	
2(g).  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to continue to utilize fire escapes as emergency means of egress from this facility.  This variance is based on structural hardship.
	
2(h).  The Board hereby directs the Applicant to correct this deficiency by extending the fire escape system, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office to provide additional emergency exits from these facilities.  
	
2(i).  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to allow the Applicant to maintain egress routes through the bedrooms and kitchens of this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedrooms through which access to the fire escape system is achieved by the tenants.
	
3.  The Board notes that there is no deficiency #3.
	
4.  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain existing winding stairs within this facility.  This variance is based on structural hardship in the absence of an objection by the Central Falls Fire Marshal’s office.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing the cited egress doors with approved spring loaded hinges installed at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
6.  The Board hereby grants a variance in order to allow the Applicant to provide the existing 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 as outlined in item #5 above and installed within 120 days of the date of this decision.
	
7.  As a condition of the variances granted herein, the Board directs the Applicant to provide exit signage within the stairway of this facility, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
8.  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 Marshal’s office within 120 days of the date of this decision.
	
9.  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 approved fire extinguishers, installed at the direction and to the satisfaction of the Central Falls Fire Marshal.  It is the understanding of the Board that the above fire extinguishers have already been installed.
	
10.  The Board hereby grants a variance from the provisions of section 23-28.16-14 in order to allow the Applicant to maintain the engineered system of domestically supplied sprinkler heads covering the egress passageways and the inside doorways of each of the apartment units of this facility.
	
11.  It is the understanding of the Board that the Applicant has provided this facility with an approved fire alarm system.  Accordingly, the Board hereby directs the Applicant to maintain the above fire alarm system as a required system.
 
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)].