The above-captioned case was scheduled for hearing on July 25, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Fang, Coutu, Burlingame, Filippi, Evans and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Duquenoy of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Fang and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a February 9, 2000 inspection report complied 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 July 25, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the February 9, 2000 inspection  report as its initial findings of fact.  Any modification of the Board’s 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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. During the July 25, 2000 hearing on this matter, the Board was advised that the stairways within this facility lack remoteness.  Accordingly, Pawtucket Fire Marshal advised the Board that he would not object to the Applicant’s requested variance from the egress provisions of the code if the Applicant complied with an alternative plan of action. Specifically, the Applicant could provide fire escape platforms and ladders on the end apartments of this facility as an  emergency means of egress. As an alternative, the Applicant could provide the internal stairways of this facility with an approved, properly engineered system of domestically supplied sprinkler heads located on either side of the apartment doors within this facility. 

Accordingly, the Board hereby grants a variance from the provisions of Rhode Island General Law 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility in conjunction with one of the two options outlined above. Specifically, the above variance is contingent upon the Applicant either providing this facility with approved domestic sprinkler coverage to or fire escape platforms and ladders as outlined above. The above modifications shall be completed within 120 days of the date of this decision.

2(a). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-3 in order to allow the Applicant to maintain access to the interior stairways through the kitchens of this facility.

2(b). The Board hereby grants a variance from the provisions of Rhode Island General Law section 23-28.16-3 in order to allow the Applicant to maintain the cited 1 3/8 inch solid core wood doors in the existing apartment door jambs of egress system of this facility.

3. The Board by grants a variance from the provisions of Rhode Island General Law section 23-28.16-5 in order to allow the Applicant to maintain the existing width and rating of the cited interior stairways of this facility.  The Board further direct the Applicant to correct remaining portion of deficiency three by either removing the storage closets are replacing the storage closet doors with approved solid core wood doors equipped with spring loaded hinges.

4(a). By grants a variance from the provisions of Rhode Island General Law section 23-28.16-6 in order to allow the Applicant to maintain the present swing to the cited exit doors leading from this facility.

4(b). The Board hereby grants a variance to allow the Applicant to maintain the cited spring loaded hinges on the egress system doors within this facility.

5. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 5, at the direction and to the satisfaction of the Pawtucket Fire Marshal, by providing this facility with approved exit signage, within 120 days of the date of this decision.

6. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 6, at the direction and to the satisfaction of the Pawtucket Fire Marshal, by providing this facility with approved emergency lighting, within 120 days of the date of this decision.

7. As a condition of the variances granted herein, the Board directs the Applicant to remove the fire alarm panel of this facility from the boiler room and reinstall this panel at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.

8. During the July 25, 2000 hearing this matter, the Board was advised that there were three additional boiler room deficiencies within this facility.  Accordingly, as a condition of the variances granted herein, the Board directs the Applicant to properly enclose the boiler room of this facility or provide the boiler with approved domestically supplied sprinkler protection.  The above corrections shall be at the direction and to the satisfaction of the Pawtucket Fire Marshal and completed within 120 days of the date of this decision.

9. The Board hereby directs the Applicant to provide the cited boiler room door of this facility with approved a spring loaded hinges, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal's office, within 120 days of the date of this decision.

10. The Board hereby directs the Applicant to provide the furnace area with approved makeup air that the direction and to the satisfaction of the mechanical inspector or to submit to the Pawtucket Fire Marshal documentation approving the current makeup air to the furnace within this facility.  In any event, the Applicant shall corrected deficiency within 120 days of the date of this decision.

11. The Board hereby grants a variance from the provisions of NFPA standard 10, 1987 edition, to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers.
 
STATUS OF DECISION AND APPEAL RIGHTS
	
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. (See: Board Rules and Regulations, section 6-2-17).
	
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. (See: Board Rules and Regulations, section 6-2-18)  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. (See: Board Rules and Regulations, section 6-2-19).  

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 change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy. (See: Board Rules and Regulations, section 6-2-20).
	
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 [R.I.G.L. 42-35-15(c)].