The above captioned case was scheduled for hearing on January 29, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Coutu, O’Connell, Evans, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Barrosso 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.

FINDING OF FACT
		
The numbers of the Decision below correspond with those of an August 27, 2001 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 29,2002 hearing on this matter.  Accordingly, the Board hereby incorporates the August 27, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-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.l6-2 in order to allow the Applicant to maintain the existing egress system of this facility as modified herein. In granting this variance, the Board directs the Applicant to provide the wainscoting and other wood surfaces with an approved Class “A” finish, at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.  Finally, it is the understanding of the Board that the Woonsocket Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.  

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to utilize fire escapes as second means of egress from this facility. In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape is achieved.  The Board further directs the Applicant to replace the cited second floor tenant’s window with an approved window, at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.  Specifically, the Applicant shall either enlarge the cited window or provide fire escape access by a casement window, installed within one hundred and twenty (l20) days from the date of this Decision.  Finally, it is the understanding of the Board that the Woonsocket Fire Marshal’s Office has no objection and that the fire escapes are in good condition.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to utilize the existing stairways 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 local fire alarm system as outlined in item #l0 below.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing rating of the stairways within this facility.  In granting this variance, the Board directs the Applicant to provide the wainscoting of the stairways with an approved Class “A” finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s within one hundred and twenty (l20) days from the date of this Decision.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing winding stairs within the means of egress of this facility.  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 agreement to provide this facility with an approved fire alarm system.

6.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to provide the cited existing 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 installed at the direction and to the satisfaction of the Woonsocket Fire Marshal and equipped with spring-loaded hinges, within one hundred and twenty (l20) days from the date of this Decision.  Finally, the Board grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the doors leading to the exterior of this facility. 

7.	It is the understanding of the Board that the Woonsocket Fire Marshal is not requesting exit signage in this facility 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 or designee, within one hundred and twenty (l20) days from the date of this Decision.

9.	The Board hereby grants a variance from the provisions of Section 23-28.16-l3 in order to provide the Applicant an option of either complying with NFPA Standard l0, l988 edition or providing each of the apartment units of this facility with an approved fire extinguisher, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, within fifteen (l5) days from 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 fire alarm system, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]