The above captioned case was scheduled for hearing on September l8, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Richard, Newbrook, Coutu, Pearson, OConnell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 January 26, 2001 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 September l8, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the January 26, 2001 inspection report as its initial findings of fact.  Any modification of the Boards findings, 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.l7-2 in order to allow the Applicant to maintain the existing means of egress from this facility as modified herein.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors which access the fire escape.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l7-3 in order to allow the Applicant to maintain the existing construction and configuration of the cited egress passageways as modified herein.  The Board directs the Applicant to seal all penetrations within the egress passageways, at the direction and to the satisfaction of the Pawtucket Fire Marshal and to further provide the cited wainscoting with an approved Class A finish, 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.	The Board hereby grants a variance from the provisions of Section 2-28.l7-4 in order to allow the Applicant to maintain the existing construction and rating of the cited stairways in accordance with the conditions outlined in item 2 above.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5 in order to allow the Applicant to maintain the existing swing of the cited exit doors of this facility and to further provide the existing door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with approved spring-loaded hinges and 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.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l7-6 in order to allow the Applicant to maintain the existing separation between the business and residence of this facility.

6.	The Board hereby grants a variance from the provisions of Section 23-28.l7-7 in order to allow the Applicant to separate the cited occupancy by an approved solid core wood door with an approximate fire rating of twenty (20) minutes, 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.

7.	The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved fire stopping, 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.

8.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office, in accordance with the provisions of Section 23-28.l7-l0, within one hundred and twenty (l20) days from the date of this Decision.

9.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office, in accordance with the provisions of Section 23-28.l7-ll, within one hundred and twenty (l20) days from the date of this Decision.

10.	The Board hereby grants a variance from the provisions of Section 23-28.l7-12 and NFPA Standard l0, l988 edition in order to grant the Applicant an option of either complying with NFPA Standard l0, l988 edition or  providing each of the apartment and residential units of this facility with an approved fire extinguisher.  In any event, the above fire extinguisher shall be installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within fifteen (l5) days from the date of this Decision.

11.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved local fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.

 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)]