The above-captioned case was scheduled for hearing on February 4, 2003 at 1:00 P.M.  At that time, a subcommittee of the Board consisting of members Wahlberg, Preiss and Filippi were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Captain Dion of the Central Falls Fire Marshal’s Office.  The subcommittee recommendations were thereupon reviewed by the Board on February 11, 2003.  At that time a motion was made by Commissioner Richard and seconded by Commissioner Newbrook 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 April 16, 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 February 4, 2003 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the April 16, 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 maintain a fire escape ladder from the second floor fire escape landings to the ground.  In granting this variance, it is the understanding of the Board that the Central Falls Fire Marshal’ office has no objection in light of the Applicant’s providing this facility with an approved fire alarm system.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing the cited boilers 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 from this facility as modified herein.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors through which access to the fire escape system is achieved.  
	
4.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain window access to the fire alarm system of this facility.  In granting this variance, it is the understanding of the Board that the Central Falls Fire Marshal’s office has no objection.

5.  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 and rating of the walls and ceilings within the egress system of this facility.  The Board further grants a variance 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 should be further equipped with spring-loaded hinges and 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.  As a condition of the variances granted herein, the Board directs the Applicant to repair the stated minor holes in these hallway walls and to further provide the stated wainscoting with approved an approved Class A finish to the satisfaction of the Central Falls Fire Marshal’s office.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing the cited egress doors with approved spring loaded hinges to the satisfaction of the Central Falls Fire Marshal’s office.
	
7.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the applicant to maintain approved solid core twenty (20) minute doors in the existing apartment door jambs of this facility.
	
8.  During the hearing on this matter, the Board was advised that the Central Falls Fire Marshal’s office would not be requesting exit signage for this facility in light of the clearly designated egress routes.
	
9.  As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the recently installed emergency lighting system as a required system for purposes of maintenance.
	
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 secure certification of the recently installed fire alarm system and to further maintain the fire alarm system as a required system for purposes of maintenance.
	
12.  The Board hereby directs the Applicant to correct deficiency #12 by clearing all rubbish and combustible waste in the basement of this facility at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.

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)].

This decision was mailed on 5-15-03.