The above-captioned case was scheduled for hearing on December 2, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Pearson and Filippi 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 Filippi 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 July 21, 2003 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 December 2, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 21, 2003 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 REQUESTS
	
1. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain exits routes through the kitchen and the bedrooms of this facility.  This variance is granted presuming the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item #7 below. As a condition of this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors utilized to access the fire escape system.  
	
2.(a)(b). 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, rating and wainscoting within the cited stairways of this facility.  In granting this variance, the Board directs the Applicant to provide the wainscoting of cited stairway within an approved Class “A” finish installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office. 
	
2(c). 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 winding stairs within this facility.	
	
2(d). It is the understanding of the Board that the Applicant has corrected deficiency #2(d) by providing the cited stairway with approved stair rails at the direction and to the satisfaction the Pawtucket Fire Marshal’s Office. 
	
3(a)(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 existing egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes. The above doors shall be further equipped with spring loaded hinges installed.  It is the understanding of the Board that the Applicant has already provided the existing door jambs of this facility with the above doors and spring loaded hinges to the satisfaction Pawtucket Fire Marshal.
	
3(c). 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 doors within this facility.
	
3(d) The Board hereby grants a variance from the provisions of section 23-28.16-6(h) in order to allow the Applicant to maintain the existing dimension of the cited apartment door located on first floor of this facility.  This variance is based on structural hardship in the absence of objection by the Pawtucket Fire Marshal’s Office.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing this facility with approved exit signs to the satisfaction of the Pawtucket Fire Marshal. Accordingly, the approved exit signs shall be deemed to be a required system for purposes of maintenance 
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing this facility with approved emergency lighting.  Accordingly, the emergency lighting units within this facility shall be deem a required system for the purposes of maintenance.
	
6. It is the understanding of the Board that the Applicant has provided each of the apartment units of this facility with approved fire extinguishers.  Accordingly, The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA Standard 10, 1988 Edition in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers.
	
7. It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with an approved local fire alarm system.  Accordingly, the Board hereby directs the above fire alarm system shall be deemed a required system for the purposes of maintenance.
	
8.It is the understanding of the Board that the Applicant has corrected deficiency #8 by cleaning out the basement of this facility to the satisfaction of the Pawtucket Fire Marshal.
	
9. During the December 2, 2003 hearing on this matter, the Board directed the Applicant to provide an approved domestic supplied sprinkler head over the boiler of this facility in order to protect the remainder of the facility from the boiler.  The Board hereby grants the Applicant a time period of 90 days in which to make this correction as a condition of the variance granted herein.

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)].