The above captioned case was rescheduled for hearing on March 12, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Filippi 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 February 7, 2002 inspection report compiled by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal during the March 12,2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 7, 2002 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l6-2 in order to allow the Applicant to maintain the existing egress system of this facility as modified herein. In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

2.	A. The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain access to the interior stairway through kitchens and maintain window access to the fire escape system through bedrooms.  In granting this variance on the basis of structural hardship, the Board directs the Applicant to remove all locks and locking devices on those bedroom doors through which access to the egress system is achieved.

B.	 The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to provide the existing cited apartment door jambs with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Pawtucket Fire Marshal.  It is the understanding of the Board that the Applicant has already complied with the terms of this variance.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing construction of the cited stairways within this facility.  In granting this variance, it is the understanding of the Board that the Applicant has provided this facility with an approved local fire alarm system as outlined in item #9 below.

4.	A.  The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the swing of the cited exit doors.

B.	It is the understanding of the Board that the Applicant has corrected deficiency #4B by providing the cited doors with approved spring-loaded hinges.

C.	It is the understanding of the Board that the Applicant has corrected deficiency #4C by removing the cited deadbolt from the rear door of this facility.

5.	The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved fire stopping, at the direction of the Pawtucket Fire Marshal’s Office.

6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs.  It is the understanding of the Board that the Applicant has already complied with this request.

7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting. It is the understanding of the Board that the Applicant has already complied with this request.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 and NFPA Standard l0, l988 edition in order to allow the Applicant to maintain the fire extinguishers which were installed in each of the apartment units of this facility.

9.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system.  It is the understanding of the Board that the Applicant has already complied with this recommendation and is currently awaiting final inspection of the fire alarm system.  

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.

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 Board’s 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 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.  [RIGL 42-35-l5(c)]