The above-captioned case was scheduled for hearing on May 13, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Evans and Pearson 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 Newbrook and seconded by Commissioner Evans 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 17, 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 May 13, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the September 17, 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 fire escapes of this facility are in good condition and the windows provide proper access to the fire escapes.  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 fact that the Applicant has agreed to provide this facility with an approved fire alarm system as outlined in item #8 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 exit access through the kitchens of this facility.  This variance is based on structural hardship in the absence of any objection by the Woonsocket Fire Marshal’s office.
	
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 construction of the cited egress system stairways within this facility.  In granting this variance, the Board further directs the Applicant to provide any wainscoting within the egress system 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.
	
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 cited winding stairs within the common means of egress of this facility.
	
4.  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 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 Woonsocket Fire Marshal’s office.  Finally, the Board grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the egress doors within this facility.  The Board notes that the above cited doors have been installed as of the May 13, 2003 hearing.
	
5.  During the May 13, 2003 hearing, the Board was advised that the Woonsocket Fire Marshal’s office was not requesting the Applicant to install exit signage as a condition of the variances granted for this facility.
	
6.  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, within ninety (90) days of the date of this decision.
	
7.  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, within a timetable established by the Woonsocket Fire Marshal.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee.  Accordingly, as a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the above fire alarm system as a required system.
	
9.  It is the understanding of the Board that the majority of the units in this facility are heated by gas-on-gas stoves.  The Board hereby directs the Applicant to provide an approved remote shut-off switch on the boiler heating the remaining units of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal.  In the event that the applicant wishes to maintain a basement apartment within this unit, the Applicant is directed to provide an approved 5/8 inch sheetrock assembly around the boiler and provide an approved rated exit for the apartment away from the boiler room.  The Board further recommends that the Applicant review any plans for the installation of a basement apartment with the Woonsocket Fire Marshal’s office for initial approval.
	
10.  The Board hereby grants a variance in order to allow the Applicant to maintain egress system access through the bedrooms of this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which egress is achieved.

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 9-17-03.