The above-captioned case was scheduled for hearing on January 25, 2005, at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Filippi and Burlingame 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 Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the January 25, 2005, hearing on this matter, the Board was advised and finds that this is a three (3) story unprotected wood frame apartment building built prior to 1968.  There are two (2) apartments on each floor and there is one common means of egress on the right side rear that services all of the apartments.  This egress is constructed with horsehair plaster over wood lathe and wainscoting. There is another common means of egress in the front that services the front units.  This egress is constructed of horsehair plaster over wood lathe.  The rear units have fire escape accesses from the bedrooms as a second means of egress.  During the hearing the Board was advised that the Applicant would bring this facility into compliance and has requested additional time to comply.  The Board was further advised that the Applicant requested a single variance to allow for the existing door swing to be maintained.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants the applicant a time variance of 120 days from the date of this decision in order to bring this facility into compliance with the provisions of section 31.1.1.3 of the State Fire Code.  As condition of this time variance, the Board directs the Applicant to immediately provide this facility with fire extinguishers within fifteen (15) days from the date of this decision.  The board notes that the Applicant currently maintains battery operated smoke detectors throughout this unit.
	
2. The Board hereby grants a variance in order to allow the Applicant to maintain the existing door swing of the cited egress doors from this facility.  This variance is based on structural hardship.

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)].