The above-captioned case was scheduled for hearing on October 19, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Coutu, Burlingame, Pearson and O'Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the October 19, 2004 hearing on this matter, the Board was advised and finds that this is a four (4) story unprotected wood building built in 1968.  The Board was further advised and finds that there are six (6) living units in this building and that there are two (2) apartments on the first floor, two (2) apartments on the second floor, and one (1) apartment on third floor and one (1) apartment in the fourth floor.  The Board was further advised and finds that there is one (1) common means of egress that services all of the apartments and this egress is constructed of sheet rock.  The second means of egress for the 2nd, 3rd and 4th floors is a fire-escaped access from the bedrooms.  The doors that lead to the outside swing against the path of exit travel and all apartment doors are fire rated and have self-closures.  The Board was further advised and finds that all apartments have portable fire extinguishers hung in brackets and that there are exit signs and emergency lights in the egress.  The Board was further advised and finds that the building has a local fire alarm system with a Knox box.  Finally, the Board was advised and finds that there are people sleeping above the third floor and the building lacks sprinklers.	  

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the Applicant to maintain the two (2) front doors swinging opposite to the direction of egress travel.  This variance is granted pursuit to the fire safety features within this building and on the basis of structural hardship.
	
2. The Board hereby grants the Applicant a time variance from the provisions of section 31.1.1.3 in order to allow the Applicant to maintain the fourth level of this facility unoccupied while preparing to install a domestically supplied sprinkler system.  Specifically, the Applicant shall install the domestically supplied engineered sprinkler system at the direction and to the satisfaction Woonsocket Fire Marshal, prior to the re-occupancy of the fourth level of this facility.

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)].