The above-captioned case was scheduled for hearing on June 24, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Pearson, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Garvey of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi 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 an October 2, 2002 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 June 24, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the October 2, 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 23-28.8-6 in order to allow the Applicant to utilize the existing fire escape to reach the ground from the second floor fire escape landings.  In granting this variance to maintain the existing lead to ground, the Board notes that the fire escape is in good condition and that the Central Falls Fire Marshal’s office has no objection.  Finally, as a condition of the variances granted herein, the Board directs the Applicant to maintain all fire escape access windows in good operating condition and to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing the boilers of this facility with approved remote shut-off switches at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
3.  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 shall allow the Applicant to maintain the existing fire escapes and windows access as a second means of egress.  The Board shall further allow the Applicant to maintain the existing plaster construction of the front stairway of this facility.  The Board hereby directs the Applicant to repair and upgrade the rear stairway with approved sheetrock at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.
	
4.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain access to the fire escapes through the third floor bedroom windows of this facility.  As outlined above, 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, 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 system door jambs of this facility with 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 within the above time frame.  The Board further grants a variance in order to allow the Applicant to provide the existing cellar door jamb with an approved solid core door maintaining an approximate fire rating of twenty (20) minutes and to further equip this door with approved UL listed spring loaded hinges at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within 120 days of the date of this decision.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing plaster on lathe construction of the front stairway within this facility.  Finally, the Board directs the Applicant to correct the side stairway with approved sheetrock and to further rate the hatch cover 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 from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the cited egress doorways 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.
	
7.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the existing egress system and basement door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes as outlined above.
	
8.  As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved group type “A”, externally illuminated exit signs 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.  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 Central Falls Fire Marshal, within 120 days of the date of this decision.
	
10.  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’s office within fifteen (15) days of the date of this decision.
	
11.  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 Central Falls Fire Marshal or designee, within 120 days of the date of this decision.
	
12.  The Board hereby directs the Applicant to correct deficiency #12 by removing all combustibles from the basement 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.

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 on 9-24-03.