The above captioned case was scheduled for hearing on July 10, 2001 at l:30 
p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Evans, Filippi, Wahlberg, OConnell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Robert Howe of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a December l3, 2000 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board the Applicant and the Pawtucket Fire Marshals Office during the July l0, 2001 hearing on this matter.  The Board hereby incorporates the December 13, 2000 inspection report as its initial findings of fact.  Any modification of the Boards finds such as correction of a deficiency by the Applicant shall be noted herein.
	Any deficiency, understood by the Board, to have been corrected which is not so 

corrected shall be immediately corrected by the Applicant.  The term approved as used 

herein is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Section 23-28.6-7 in order to allow the Applicant to maintain the existing construction and rating of the cited egress passageways of this facility.  In granting this variance, the Board directs the Applicant to provide the cited wood paneling with approved Class A paint installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved master fire alarm system as outlined in item 4 below.
2.	The Board hereby grants a variance from the provisions of Section 23-28.6-8 in order to allow the Applicant to maintain the existing stairway construction and rating and to further maintain the existing cited stairway dimensions.  This variance is granted on the basis of structural hardship.  The Board hereby directs the Applicant to provide the wood wainscoting of the stairway with an approved Class A finish, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.
3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing approved certification of the curtains in the main hall of this facility.
4.	As a condition of the variances granted herein, the Applicant has agreed to provide this facility with an approved master fire alarm system.  Accordingly, the Board hereby directs as a condition of this variance that the Applicant provide this facility with an approved master fire alarm system in accordance with the provisions of Section 23-28.25-4(b), at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, within one hundred and twenty (l20) days from the date of this Decision.
5.	The Board hereby grants a variance from the provisions of Section 23-28.9-2 in order to allow the Applicant to maintain the existing enclosure of the cited boiler room.  In granting this variance, the Board notes that the Applicant has already complied with the recommendation of the Pawtucket Fire Marshal to install a sprinkler head over the boiler and to provide a remote shutoff switch and proper make-up air.
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 Applicants 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.
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.  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.  Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.
	The Applicant may appeal the Boards 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.  [RIGL 42-35-l5(c)]