The above captioned case was scheduled for a hearing on March l9, 2002 at l:00  p.m.  At that time, Acting Chairman Coutu and Commissioners Newbrook, O’Connell and Evans heard the case in subcommittee. 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 Evans and seconded by Commissioner Newbrook to recommend the requested relief.  The motion was unanimous.

	Subsequently, Vice Chairman Richard arrived and the matter was reconsidered by the full Board.  A motion was thereupon made by Commissioner Richard and seconded by Commissioner Newbrook to reaffirm the subcommittee’s finding.  The motion was unanimous.  Accordingly, the subcommittee recommendation has been approved by the full Board.

FINDING OF FACT

The numbers of the Decision below correspond with those of a February 6, 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’s Office during the March l9, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 6, 2002 inspection report as its initial findings of fact.

	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 the Applicant 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, the Board directs the Applicant to provide an approved Class “A” finish on the wainscoting within the rear stairway of this facility.

2.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain access to the exit through the kitchens of this facility and to further allow the Applicant to maintain a second means of egress from the first floor apartments through windows of this facility.  These variances are granted on the basis of structural hardship.  The Board further grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be 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.

3.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing cited rating of the stairways of this facility.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting 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.

4.	A. The Board hereby grants the Applicant a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing swing of the cited egress doors of this facility.
B. The Board hereby grants the Applicant a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to provide the egress system doors of this facility with approved spring-loaded hinges, 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 directs the Applicant to correct deficiency #5 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.

6.	It is the understanding of the Board that deficiency #6 is Grandfathered and not being required by the Pawtucket Fire Marshal’s Office.

7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, 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.	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 approved fire extinguishers in each of the apartment units of this facility.  In granting this variance, it is the understanding of the Board that the Applicant has already provided each of the apartment units with the approved fire extinguishers.

9.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, 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 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)]