The above-captioned case was scheduled for hearing on January 4, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame and Pearson 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 Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds this to be a three (3) story unprotected wood frame building built prior to 1968.  The Board further finds that there are six (6) living units in this building.  The Board further finds that this building has two (2) entrances on side (A).  One services the left and the other one services the right.  The Board further finds that both staircases service three (3) apartments per side.  The Board further finds that the stairwell is constructed of horsehair plaster over wood lathe with wallpaper covering.  The Board further finds that all apartment doors leading into the stairway are currently panel type doors and that they currently lack spring-loaded hinges.  The Board further finds that the building currently lacks a fire alarm system, lock box, fire extinguishers, emergency lighting and exit signs.  The Board further finds that the building does have battery operated smoke and carbon monoxide detectors in place.  Finally, it is the understanding and the direction of the Board that the Applicant shall comply with the fifteen (15) point plan of action outlined in section 31.1.1.3, at the direction and the satisfaction of the Woonsocket Fire Marshal within sixty (60) days from the date of this decision.  The Applicant has only made one (1) variance request with regard to the door swings.  Please see below.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the Applicant to maintain the existing door swings of the egress doors of this facility.  In granting this variance, it is the understanding of the Board that the Woonsocket Fire Marshal’s Office has no objection and that the Applicant will otherwise complete the fifteen (15) point plan of action for this facility, referenced above, within sixty (60) days from 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)].