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, Richard and Evans 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 Newbrook and seconded by Commissioner Richard to recommend the requested relief.  The motion was unanimous.
	
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. 

2.	A.  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 interior stairs through the kitchens of this facility.  This variance is based on structural hardship.

B. 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 and use the cited basement windows within this facility.  In granting this variance, the Board has been advised that the windows are large and that there will be sprinkler head coverage over the boiler of this facility.  Accordingly, the Board directs the Applicant to provide approved domestically supplied sprinkler coverage over the boiler of this facility, 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.

C. The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to provide the existing apartment 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 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 and construction of the stairways within this facility.  In granting this variance, the Board directs the Applicant to provide an approved Class “A” finish on the stairway wainscoting of this facility, 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 exit door.

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 existing egress systems doors of this facility with 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 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.

6.	It is the understanding of the Board that deficiency #6 is Grandfathered and not being requested by the Pawtucket Fire Marshal.

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, in accordance with the provisions of Section 23-28.l6-12, 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 provide each of the apartment units with an approved fire extinguisher, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within fifteen (l5) 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 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), 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.

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)]