The above-captioned case was scheduled for hearing on the September 19, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Coutu, O'Connell, Pearson and Filippi 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 Newbrook and seconded by Commissioner Wahlberg 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 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 September 19, 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. 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 cited egress system as modified herein.  In granting this variance, on the basis of structural hardship, it is the understanding of the Board that the Pawtucket Fire Marshal has no objection in light of the Applicant's providing this facility with approved fire alarm system.

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 stairway through kitchens, and access to the fire escapes through bedrooms. In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the cited bedroom doors.

2(b). The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize windows as a second means of egress from this facility.  This variance is granted on the basis of structural hardship. 

2(c). The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the currently installed solid core wood doors having an approximate fire rating of twenty minutes.  The above door shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 30 days of the date this decision.

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, width and winding nature of the cited stairways within this facility. In granting this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class-A finish. This variance is granted on the basis of structural hardship in the absence of objection by the Pawtucket Fire Marshal.

4(a). The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain the existing swing to the cited exit doors to the exterior.  

4(b). The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide 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 30 days of the date this decision.

5. The Board hereby directs the Applicant to correct deficiency 5 by repairing the fire stopping of this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 30 days of the date of this decision.

6. It is the understanding of the Board that the Applicant has corrected Deficiency 6 by providing this facility with approved exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal. Accordingly, as a condition of the variances granted herein, the above exit signs shall be deemed a required system for purposes of maintenance.

7. It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with approved emergency lighting.  Accordingly, as a condition of the variances granted herein, the above emergency lighting shall be deemed a required system for purposes of maintenance.

8. 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 approved fire extinguishers in each of the Apartment units of this facility.

9. It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, in accordance with the provisions of section 23-28.25-4(a). Accordingly, the above fire alarm system shall be deemed a required system for purposes of maintenance.

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)].