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 Francis Dunton of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner O'Connell 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 three (3) story wood frame building built prior to 1968.  The Board was further advised and finds that there are four (4) living units in the building, one (1) unit on the first floor that has two (2) means of egress and one unit on the second floor and two (2) units on the third floor.  All units share the common staircase within the building.  The stairway is constructed of horsehair plaster on lathe with wainscoting and paneling.  The Board was further advised and finds that the building now has a permanent exit door swinging in the proper direction.  Finally, the Board was advised that the Applicant sought to the utilize fifteen (15) point plan of action outlined in section 31.1.1.3.  Accordingly, the numbers of the decision below corresponded with the fifteen (15) point plan of action.

CONCLUSIONS AND VARIANCE REQUESTS
	
1 through 4. It is the understanding and direction of the Board that the Applicant shall correct deficiencies #1, 2, 3 and 4 within 120 days of the date of this decision.
	
5. It is the understanding of the Board that the Applicant currently complies with item #5.
	
6. The Board hereby directs the Applicant correct deficiency #6 by removing the cited carpeting at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, within 120 days from the date of this decision.
	
7. The Board hereby directs the Applicant to correct deficiency #7 by providing the cited combustible covering materials with an approved Class “A” finish, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal’s Office, within 120 days from the date of this decision.
	
8 and 9. It is the understanding of the Board that the Woonsocket Fire Marshal’s Office has approved the egress systems and authorized the existing winding stairs within this building.
	
10. The Board hereby directs the Applicant to correct deficiency #10 as it relates to the apartment doors by providing approved doors and spring loaded hinges installed at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days from the date of this decision.
	
11. The Board hereby directs the Applicant to correct deficiency #11 by providing an approved window in order to access the fire escape system width at the direction and to the satisfaction of the Woonsocket Fire Marshal within 120 days from the date of this decision.
	
12. It is the understanding of the Board that the Applicant has correct deficiency #12.
	
13. The Board hereby directs the Applicant to correct deficiency #13 by either enclosing the cited boiler or providing it with an approved domestically supplied sprinkler head at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 days from the date of this decision.
	
14. The Board hereby directs the Applicant to correct deficiency #14 by providing the apartment units of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Woonsocket Fire Marshal within 15 days from the date of this decision.
	
15. It is the understanding of the Board that this facility does not fall within the requirements of deficiency #15.

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)].