The above case was scheduled for hearing on July 11, 2000 at 1:30 PM.  At that time, Chairman Farrell and Commissioners Burlingame, Wahlberg, Coutu, Evans, Fang and Richard  were present.  The fire service was represented by an Assistant Deputy State Fire Marshal Gordon C. Duquenoy of the Pawtucket Fire Marshal's Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu 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 March 15, 2000 inspection report compiled by the Pawtucket Fire Marshal's Office.  The above report was utilized by the Board, the Pawtucket Fire Marshal's Office and the Applicant and during the hearing on this matter.  Accordingly, the Board hereby incorporates the March 15, 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 REQUEST

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 egress of this facility as modified herein.  Specifically, is the understanding the Board that the Applicant has provided this facility with approved fire escapes at the direction of the Pawtucket Fire Marshal's Office.

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

2(B). The Board hereby grants a variance from the provisions of section 23-28.16-3(c) in order to allow the applicant to utilize Windows to access the fire escapes in this facility.  It is the understanding of the Board that the Applicant has corrected the remainder of deficiency 2B by redesigning the fire escape system within this facility.

3. The Board hereby grants a variance from the provisions of section 23-28.16-16 in order to allow the Applicant to maintain the existing swing of the cited exit doors from this facility.

4. The Board hereby grants a variance from the provisions of section 23-28.16-13 in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Pawtucket Fire Marshal's Office.  In granting this variance, it is the understanding of the Board that the Applicant has previously install the above fire extinguishers.	

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 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 of 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 change creates a new use or occupancy as outlined inR.I.G.L. 23-28.1-6, all of variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy. (Board regulations 6-2-17, 18, 19 and 20 )

The Applicant may appeal the Board's decision, within thirty days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in 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) and Board regulation 6-2-16).