The above-captioned case was scheduled for hearing on September 1, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Richard, Blackburn, Walker, Dias, Jasparro and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal William Sisson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Dias and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that this is a three-story type III-B constructed building built in approximately 1900.  The Board further finds that the structure contains a total of 37,056 square feet including an unfinished basement area.  The Board further finds that the facility is listed in the assessors data base as having thirty-three (33) units.  The Board further finds that at the time of the inspection in December of 2006, the majority of tenants were located on the first floor with the exception of three (3) tenants on the above floors.
	The Board further finds that this facility maintains an older sprinkler system and that egress from the structure was originally maintained through an open central stairway.  Finally, the Board finds that this facility maintains fire escapes.
	The Board finds that the Applicant has worked with the Pawtucket Fire Marshal's office in developing a plan of action.  The Board further finds that the Applicants plan of action is outlined in an August 9, 2009 letter to the Pawtucket Fire Marshal's office.  The Board notes that the numbers of the decision below, commencing with item 23A and terminating with item 31H correspond in sequence with the August 9, 2009 plan of action.  The above plan of action was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the September 1, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the August 9, 2009 plan of action in its findings of fact.  

CONCLUSIONS AND VARIANCE REQUESTS 
	23A.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans to the Pawtucket Fire Marshal and an additional 120 days to implement those plans for the correction of all of the deficiencies that are not receiving variances herein, as outlined in the August 9, 2009 plan of action.  Accordingly, the Board directs the Applicant to correct deficiency 23A by replacing the existing doors with a new 42 compliant door with sidelight at the direction and to the satisfaction of the Pawtucket Fire Marshal within the above time period.
	23B.  It is the understanding of the Board that the Applicant has corrected deficiency 23B.
	23C.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing elevator of this facility within the existing stair tower.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal has no objection based on structural hardship.
	23D.  It is the understanding of the Board that the Applicant has corrected deficiency 23D at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	23E.  It is the understanding of the Board that the Applicant has corrected deficiency 23E at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	23F.  The Board hereby grants the Applicant the time variance outlined in item 23A in order to correct deficiency 23F by providing approved code compliant handrails within this facility.
	24A.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing elevator without fire department capture.  In granting this relief, it is the understanding of the Board that the elevator services only two (2) floors and the Pawtucket Fire Marshal's office has no objection.
	24B.  The Board hereby grants the Applicant the time variance granted in item 23A in order to correct deficiency 24B by providing alternative compliance to the two-hour shaft at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	24C.  The Board hereby grants a variance in order to allow the Applicant to correct deficiency 24C by providing heat and/or smoke detection in the elevator shaft instead of a sprinkler head, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal's office within the time periods outlined in item 23A above.
	25A.  The Board hereby grants the Applicant the time variance as outlined in item 23A to correct deficiency 25A at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	25B.  The Board has been advised that it is difficult to provide remoteness of the egress in this facility because it is a triangular-shaped building.  Accordingly, the Board hereby directs the Applicant to correct deficiency 25B at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.  Specifically, if the Pawtucket Fire Marshal's office is satisfied that the Applicant has made his best effort to correct this deficiency, then the Board shall be satisfied.  Finally, the Board notes that the Applicant shall have the same time period as outlined in item 23A to make the above corrections.
	25C.  The Board hereby grants the Applicant the time variance outlined in item 23A in which to correct deficiency 25C by installing compliant handrails, at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	26A.  The Board hereby grants the Applicant the time variance outlined in item 23A in order to correct deficiency 26A by modifying the cited doors at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	27.  The Board hereby grants the Applicant the time variance outlined in item 23A above in order to correct deficiency 27 by reconfiguring the existing offices, corridors and other areas in order to eliminate the dead ends and common path of travel issues within this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	28.  The Board hereby grants the Applicant a variance to maintain the electrical panel within the mens restroom.  As a condition of this variance, the Board directs the Applicant to secure this panel at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	29.  The Board hereby grants the Applicant the time variance outlined in item 23A above in order to correct deficiency 29 by installing code compliant emergency lighting, exit signage and a fire alarm system, at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	30.  The Board hereby grants the Applicant the time variance outlined in item 23A above in order to correct deficiency 30 by providing a code compliant means of egress from the basement at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	31A-D.  The Board hereby grants the Applicant the time variance outlined in item 23A above in order to correct deficiencies 31A, B, C and D at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	31E.  It is the understanding of the Board that the Applicant has corrected deficiency 31E.
	31F. and 31G.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing protruding building support beam that is 74 above the finished floor and to further maintain a ceiling height that is less than 84 in the mezzanine floor that is normally unoccupied by the public.  
	31H.  The Board hereby grants the Applicant the time variance outlined in item 23A above in order to correct deficiency 31H by upgrading the sprinkler system at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.  
Finally, the Board notes that the Pawtucket Fire Marshal's office shall have the authority to extend this and any other time line for good faith efforts being made by the Applicant.

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 Applicants 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 Boards 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 Boards 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)].