The above-captioned case was scheduled for hearing on March 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Richard, Coutu, Pearson, Filippi, 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 Wahlberg and seconded by Commissioner Pearson 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 September 10, 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 during the March 25, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the September 10, 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 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 both sprinkler and fire alarm this facility as outlined herein.
	
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 egress system of this facility as modified herein.  In granting this variance, it is the understanding of the Board that there is no fire escape in this facility and that each apartment unit shall have two doors into the stairway.
	
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 stairway walls in this facility.  This variance is conditioned upon the Applicant’s agreement to provide this facility with an approved fire alarm and sprinkler system as outlined below.
	
4.  The Board hereby grants a variance from the provisions of sections 23-28.16-5 and 23-28.16-7 in order to allow the Applicant to maintain the existing cited rating of the stairway walls of this facility.  In granting this variance, the Board directs the Applicant to provide an approved Class A finish on the cited wainscoting within the timeframe outlined below.
	
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 apartment door jambs with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors should be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days or as outlined below.  The above doors shall further receive a variance in order to maintain existing swing.
	
6.  It is the understanding of the Board that item #6 is grandfathered and not being requested 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, within 120 days of the date of this decision or as outlined below.
	
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 within this facility with an approved fire extinguisher installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 15 days of the date of this decision.
	
9.  The Board hereby grants a variance from the provisions of section 23-28.16-14 in order to allow the Applicant to provide the egress system of this facility with an approved, properly engineered system of domestically supplied sprinkler heads installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days of the date of this decision or as outlined below.
	
10.  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, with 120 days or as outlined below.
	
11.  The Board hereby directs that all deficiencies in this facility shall be corrected within 120 days or if the Applicant should so choose, to move the fourth floor tenant to the second floor of this facility within 30 days and not to occupy the top two floors until all of the work in this facility is completed to the satisfaction of the Woonsocket Fire Marshal.  In the event that either the Applicant or the Woonsocket Fire Marshal’s office has any questions as to this file, it shall be left open and either the Applicant or the Woonsocket Fire Marshal may petition the Board to reappear to have those issues addressed by the Board.

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 6-24-03.