The above-captioned case was scheduled for hearing on December 7, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu and Filippi 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 Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board hereby finds that this is a four (4) story unprotected wood frame building built prior to 1968.  The Board further finds that there are four (4) living units in this building.  The Board further finds that one (1) unit is located on each of the first and second floors and there are two (2) units on the third floor with each having sleeping areas on the fourth floor.  The Board finds that there is a means of egress located in the front of the structure that services the second and third floor front apartment.  The Board further finds that the top section of the egress is constructed of sheetrock with a lower section consisting of horsehair plaster over wood lathe and wainscoting.  The Board finds that there is a rear egress which services the second floor and third floor rear apartment.  The Board finds that this egress is constructed the same as the above egress.  The Board finds that the third floor apartments have fire escapes as second means of egress.  Finally, the Board finds that the Applicant has provided this facility with an approved fire alarm system.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of section 31.1.1.3(15) in order to allow the Applicant to maintain this fully alarmed facility without sprinkler coverage in light of the unique configuration of the apartment units and the egress system.  Specifically, the Board finds that the Applicant has provided three (3) means of egress from the fourth floor of this facility and that the highest apartment units in this facility have direct entrance and egress on the third floor level.  This direct egress from the third floor level from the upper units differentiates this facility from a facility whose access to the egress system is limited to the fourth floor level.  As a condition of the above variance, the Board directs the Applicant to remove any and all air conditioners and other obstructions from the fire escape windows of this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshal, within 120 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)].