The above-captioned case was scheduled for hearing on August 1, 2000  at 1:30 P.M. At that time, Acting Chairman Richard and Commissioners Wahlberg, Newbrook, Pearson, Fang, Evans and Burlingame 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 Burlingame 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 an April 27, 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 August 1, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the 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.
	
Specifically, the Board finds this to be a 2 1/2 story apartment house.  It is classified as type V-000 construction.  There are 14 living units in the building.  There is currently no fire alarm system in the building.  The facility is heated by one oil-fired boiler.  The boiler is rated over 165,000 BTUs.  The Pawtucket Fire Marshal estimates this building to have been constructed in the 1960s.	
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(a). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the existing egress system within this facility as modified herein.  In granting this variance in the basis of structural hardship, it is the understanding of the Board that the Applicant shall provide this facility with approved fire alarm system as outlined in item 7 below.

1(b). The Board hereby directs the Applicant to correct deficiency 1(b), by providing this facility with a remote second means of egress, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.

2(a). The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain access to the interior egress stairways through the kitchens of this facility.  This variance is granted on the basis of structural hardship.

2(b). The Board hereby grants a variance from the provisions of section 23-28.16-3(d) in order to allow the Applicant to maintain the existing the solid core wood doors in the apartment door jambs of this facility.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal has no objection in light of the Applicant's agreement to provide this facility with approved fire alarm system.

3. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing construction, configuration, dimension and rating of the cited stairways within this facility.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal has no objection.

4. The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the cited doors with approved spring loaded hinges.

5. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, in accordance with the provisions of section 23-28.16-11, 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 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 23-28.16-12, within 120 days of the date of this decision.

7. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved municipally connected fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, within 120 days of the date of this decision.

8. During the August 1, 2000 hearing on this matter, the Board was advised that the Applicant sought a variance to install fire extinguishers in the apartment units of this complex.  Accordingly, the Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA standard 10, 1988 edition, in order to allow the Applicant to maintain fire extinguishers in each of the apartment units within this complex.

9. The Board hereby directs the Applicant to provide an approved the sprinkler had over the boiler this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.

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)].