The above-captioned case was scheduled for hearing on November 14, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Coutu, Pearson, Fang and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Howe of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Burlingame 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 November 2, 1998 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 November 14, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the November 2, 1998 inspection report as its initial findings of fact.  The only exception to the above findings would be clarification that there are 12 units within this facility, with four units per floor. Any further 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(a). In light of the Applicant's agreement to provide this facility with approved municipally-connected fire alarm system, the Board grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.

1(b). Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant maintain the existing remoteness of the means of egress within this facility, as modified herein.

1(c). The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to provide approved smoke separation of the access corridors to the interior stairways by providing an approved smoke door and assembly in the middle of each of egress corridors this facility, at the direction to the satisfaction of the Pawtucket Fire Marshal's office, with 120 days of the date of this decision.

2(a). The Board hereby grants a variance for the provisions of section 23-28.16-3 in order to allow the Applicant to maintain access to the egress system through the kitchens and bedrooms of this facility.  In granting this variance, on the basis of structural hardship, the Board directs the Applicant remove all locks and locking devices from the bedrooms which service the egress system.  The above locks shall be removed, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.

2(b). The Board grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing egress windows on the basement level of this facility.  

2(c). The Board hereby grants a variance for the provisions of section 23-28.16-3 in order to allow the Applicant to provide the existing door jambs of the egress system of this facility with approved 1 3/8 inch solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above door shall be installed, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of 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 egress system construction of this facility with approved smoke separation as outlined in items 1 and 2 above.  In granting this variance on the basis of structural hardship, the Board notes that the Pawtucket Marshal's office has no objection in light of the Applicant's agreement to provide this facility with an approved municipally-connected fire alarm system.	

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 of the cited exit doors of this facility.

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 the cited doors with approved spring loaded hinges, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.

5. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, 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 further provide this facility with approved emergency lighting, with relay to the fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.

7. The Board hereby grants a variance of the provisions of section 23-28.16-13 and NFPA standard 10, 1988 edition, in order to allow the Applicant to provide each apartment unit within this facility with approved fire extinguishers, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 15 days of the date of this decision.

8. As a condition of the variances granted herein, the Board directs the Applicant provide this facility with an approved municipally-connected fire alarm system, installed at the direction to the satisfaction of the Pawtucket Fire Marshal, in accordance with the provisions of section 23-28.25-4(b), 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)].