The above captioned case was scheduled for hearing on November 6, 2001 at l:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Filippi, Richard and Burlingame were present.   The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson 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.

FINDING OF FACT
		
The numbers of the Decision below correspond with those of a February 22, 2001 inspection report compiled 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 November 6, 2001 hearing on this matter. Accordingly, the Board hereby incorporates the February 22, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from provisions of Section 23-28.ll6-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to access the interior stairways through kitchens and to provide the existing apartment door jambs of this facility with approved solid core wood doors with an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.  Finally, the Board grants a variance from the above provisions in order to allow the Applicant to utilize windows as fire escape access to the existing fire escape of this facility.  The Board further directs the Applicant to remove all locks and locking devices from any interior door through which fire escape access is achieved.

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 and rating of the cited stairways within this facility.

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 existing door swing of this facility.  The Board directs the Applicant to provide the cited stairway doors with approved spring-loaded hinges, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

5.	The Board hereby directs the Applicant to correct deficiency #5 by repairing the cited fire stopping, at the direction and to the satisfaction of the Pawtucket Fire Marshal.

6.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved front and rear exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

7.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-l3 and NFPA Standard l0, l988 edition, in order to allow the Applicant to maintain approved fire extinguishers in each of the apartment units of this facility.  In granting this variance, the Board directs the Applicant to so provide each apartment within fifteen (l5) days from the date of this Decision.

9.	The Board hereby directs the Applicant to correct deficiency #9, at the direction of the Pawtucket Fire Marshal, by providing the recommended sprinkler heads over the boilers of this facility within one hundred and twenty (l20) days from the date of this Decision.

10.	As a condition of the variances granted herein, the Board 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, in accordance with the provisions of Section 23-28.25-4(b), within one hundred and twenty (l20) days from the date of this Decision.

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 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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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 within the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]