The above-captioned case was scheduled for hearing on January 28, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Pearson, Richard, Newbrook, Preiss, Wahlberg, Filippi and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Morris of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg 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 a May 7, 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 January 28, 2003 hearing on this matter. Accordingly, the Board hereby incorporates the May 7, 2002 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 at this facility as modified herein.  In granting this variance, the Board directs the applicant to provide any wainscoting surface with an approved Class A finish installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office.  Finally, it is the understanding of the Board that the Woonsocket Fire Marshal’s office has no objection to this variance in light of the applicant’s providing this facility with an approved fire alarm system as outlined in item #4 below.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the applicant to maintain the existing solid core wood doors and spring loaded hinges installed in the existing door jambs of the egress system of this facility.  The Board further grants a variance from the above provisions in order to allow the exterior doors to maintain their existing swing.
	
3.  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 maintain approved fire extinguishers in each of the apartment units of this facility.  It is the understanding of the Board that the applicant has provided each apartment unit with an approved fire extinguisher to the satisfaction of the Woonsocket Fire Marshal’s office.
	
4.(listed as item #5 in the report)  As a condition of the variances granted herein, the Board hereby directs the applicant to properly maintain the recently installed fire alarm system at this facility as a required system for purposes of maintenance.
	
5.  The Board hereby grants the applicant a time variance of sixty (60) days from the date of this decision in which to come into full compliance with the terms 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)].

This decision was mailed on 5-15-03.