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 Pearson and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Evans abstaining.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a February 18, 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 October 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the February 18, 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 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.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize properly maintained fire escapes as a second means of egress from this facility.  In granting 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 utilize the existing stairways of this facility as modified herein.  
	
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 plaster and horsehair construction of the stairway system.  It is the understanding of the Board that the Applicant has already provided an approved Class “A” finish over the wainscoting within this facility.
	
5.  During the October 21, 2003 hearing on this matter, the Board was advised that the applicant has provided the existing egress system door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The Board was further advised that the above doors are equipped with approved spring loaded hinges that have been installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office.  Accordingly, the Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the above doors and closers within the egress system of this facility.  Finally, the Board grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing swing of the cited doors to the exterior of this facility.
	
6.  It is the understanding of the Board that deficiency #6 is grandfathered and not being requested by the Woonsocket Fire Marshal.
	
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 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 of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of  the Woonsocket Fire Marshal.
	
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 120 days of the date of this decision.
	
10.  It is the understanding of the Board that the heating of this facility is conducted by gas on gas units.

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)].