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 Richard and seconded by Commissioner Pearson 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 July 17, 2000 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 during the January 28, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 17, 2000 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.  
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the applicant to utilize basement windows as an emergency means of egress from the basement apartment of this facility.  The Board further grants a variance from the above provisions in order to allow the applicant to utilize fire escapes as a second means of egress from the remaining apartments of this facility.  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.
	
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 rating of the cited egress system stairs within this facility.  In granting this variance, the Board directs the applicant to provide the cited wainscoting with an approved Class A finish installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office within 120 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 this facility.  This variance is based on structural hardship in the absence of an objection by the Woonsocket Fire Marshal’s office in light of the applicant’s agreement to provide this facility with an approved fire alarm system.  
	
4.  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 with the approximate rating of 20 minutes in the existing egress system door jambs of this facility.  The above variance would further allow the applicant to maintain the spring loaded hinges which have been installed on the above doors.  Finally, 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 swing of the cited door to the exterior of this facility.
	
5.  The Board hereby grants the applicant an optional 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 an approved fire extinguisher.  The above extinguisher shall be installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s office within 15 days of the date of this decision.
	
6.  The Board hereby grants a variance from the provisions of section 23-28.16-14 in order to allow the applicant to provide this facility with an approved, properly engineered limited system of domestically supplied sprinkler heads covering the main egress system of this facility.  The above sprinkler coverage shall be provided on either side of each of the egress system doors of this facility.  The Board hereby grants the applicant a time variance of 120 days from the date of this decision in order to provide the above sprinkler coverage.
	
7.  During the hearing on this matter, the Board was advised that the applicant had provided this facility with an approved fire alarm system, emergency lights and exit signs.  Accordingly, as a condition of the variances granted herein, the Board hereby directs the applicant to maintain the above fire alarm, emergency light and exit systems as required systems for purposes of maintenance.

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.