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 Newbrook 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 an October 31, 2000 preliminary plan review 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 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

1-4. During the November 14, 2000 hearing on this matter, the Board was advised by the Pawtucket Fire Marshal's office that this was an existing single-family Victorian style house that the Applicant plans to convert to a limited business occupancy.  The Board was further advised that there would be neither student nor overnight occupancy in this facility.  The egress system doors have been removed and replaced with doors maintaining an approximate fire rating of 20 minutes. The above doors are further equipped with approved spring loaded hinges. Finally, it is the understanding of the Board that in all other respects, the facility is in compliance with the current fire code.
	
In light of the above, the Board hereby grants variances from the provisions of sections 23-28.17-2, 3, 4and 5 in order to allow the Applicant and maintain the existing construction, configuration, width and rating of the egress system of this facility in accordance with the Board's understanding as outlined above.  The above variances shall further allow for the rear stairway of this facility to maintain the existing winders.  In granting these variances, it is the understanding of the Board that the Pawtucket Fire Marshal's office has no objection on the basis of structural hardship and in light of the Applicant agreement to provide this facility with an approved fire alarm system.

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)].