The above-captioned case was scheduled for hearing on March 21, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson, Burlingame and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal John McConaghy of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the March 21, 2006 hearing on this matter, the Board was advised that by letter dated October 19, 2004, the Applicant was notified by the Pawtucket Fire Marshal's office that the use of air conditioners in the windows of the above captioned facility constituted a potentially hazardous condition.  The Board was further advised and finds that the Pawtucket Fire Marshal and State Fire Marshal's office subsequently provided the Applicant with a time period in which to develop a plan of action for the use of air conditioners in the windows of this facility.  The Board further finds that a time extension expired on October 31, 2005.  
	The Board finds that the Applicant has now come before it with a plan of action as outlined in a March 9, 2006 letter from the Applicant to the Board.  The Board finds that the Applicants plan of action is to replace the buildings sliding glass windows with double-hung windows to allow for the placement of an air conditioning unit in one of the living room windows, thus allowing for emergency rescue access to each room of every apartment through the remaining two windows.  The Board notes that the existing window configuration would prevent emergency access to the room when a window air conditioner is installed.
	The Board notes that an additional component of this plan of action would be to provide this facility with an approved, new addressable fire alarm system.  The Board further notes that the new addressable fire alarm system would be installed with separate alarm panels and radio boxes in both buildings that form this complex, at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.
	In addition, the Board finds that the Applicant shall replace the existing single direction corridor doors in the common hallways of levels two through six with new bi-directional doors equipped with panic hardware, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal's office.  Finally, the Board finds that the rough window openings are approximately 29 inches by 46 inches whereas the single sash openings are approximately 29 inches by 15 inches.  However, the Board has been advised and notes that Fire Department access can be achieved by removal of both the upper and lower sash during an emergency operation.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance in order to implement the above plan of action to utilize double hung windows in conjunction with the use of portable air conditioners within this facility.  The above windows shall be installed at the direction, to the satisfaction and within a timetable established by the Pawtucket Fire Marshal's office.  As a condition of this variance, the Board further directs the Applicant to provide the above new addressable fire alarm system and buy directional egress doors as outlined above within a timetable established by the Pawtucket Fire Marshal's office.

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)].