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, Evans and Coutu 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 Evans and seconded by Commissioner Coutu 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 January 31, 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 January 28, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 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 existing egress 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 agreeing to provide this facility with an approved fire alarm system as outlined in item #10 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 the existing fire escapes as a secondary means of egress from this facility.  In granting this variance, the Board directs the applicant to remove all locks and locking devices on the bedroom windows through which access to the fire escape system is achieved and to further maintain the access windows in full operational condition.
	
3.  The Board hereby directs the applicant to correct deficiency #3 by sealing off the cited transoms with an approved 5/8 inch sheet rock assembly installed at the direction and to the satisfaction of the Woonsocket 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 23-28.16-5 in order to allow the applicant to maintain the existing rating of the cited stairway walls of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the applicant shall provide this facility with an approved fire alarm system as outlined in item #10 below.  
	
4(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 winding stairs in the rear stairwell of this facility.  This variance is based on structural hardship in the absence of an objection by the Woonsocket Fire Marshal’s office.
	
5.  The Board hereby grants a variance from the provisions of section 23-28.16-5 and 23-28.16-7 in order to allow the applicant to maintain the existing construction and rating of the cited stairways of this facility.  In granting this variance, the Board directs the applicant to provide an approved Class A finish on the wood wainscoting within the stairways at the direction and to the satisfaction of the Woonsocket 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 23-28.16-5 in order to allow the applicant to provide solid core wood doors having an approximate fire rating of twenty (20) minutes in the existing egress system door jambs of this facility.  The applicant is further directed to provide the above doors with approved spring loaded hinges installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office.  It is the understanding of the Board that the above twenty minute doors and spring loaded hinges have been installed within the existing egress system door jambs of this facility.  Finally, it is the understanding of the Board that the applicant has corrected the first floor exterior door swing to the satisfaction of the Woonsocket Fire Marshal.  The Board hereby grants a variance in order to allow the applicant to maintain the existing swing of the rear hallway door to the exterior.
	
7.  During the January 28, 2003 hearing on this matter, the Board was advised that the Woonsocket Fire Marshal’s office was not requesting exit signage as a condition of the variances granted herein.
	
8.  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 120 days of the date of this decision.
	
9.  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 in this facility with approved fire extinguishing equipment installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office, within 15 days of the date of this decision.
	
10.  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 Woonsocket Fire Marshal or designee, in accordance with the provisions of section 23-28.25-4(a) as amended, 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)].

This decision was mailed on 5-15-03.