The above captioned case was scheduled for hearing on March 4, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Filippi, Newbrook, Preiss, Burlingame, OConnell, Evans, and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals 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.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 15, 2003 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshals Office during the March 4, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 15, 2003 inspection report as its initial findings of fact.  Any modification of the Boards 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 23-28.16-2 in order to allow the Applicant to maintain the existing construction and rating of the cited egress system stairs and corridors of this facility as modified herein.  In granting this variance, the Board directs the Applicant to maintain the recently installed fire alarm system of this facility as an approved system for purposes of maintenance.
	2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain the existing egress route through kitchens and bedrooms accessing the fire escape.  In granting this variance, it is the understanding of the Board that the fire escape is in good condition and the windows are of the proper size.  It is the further direction of the Board that all other locks and locking devices shall be removed from those bedroom doors through which access to the fire escape system is achieved.
	3.	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 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 and installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  It is the understanding of the Board that these doors currently exist.  Finally,  the Board grants a variance from the above provisions to allow these doors to maintain their existing swing and to maintain their existing width.
	4.	During the March 4, 2003 hearing on this matter, the Pawtucket Fire Marshals Office advised the Board that the egress route within this facility is obvious and therefore the Pawtucket Fire Marshals Office is not requesting the installation of exit signs.  Accordingly, the Board shall not require exit signs as a condition of the variances granted herein.
	5.	It is the understanding of the Board that the Applicant has already installed emergency lighting within this facility.  Accordingly, as a condition of the variances granted herein, the emergency lighting shall be deemed a required system for the purposes of maintenance.
	6.	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 each of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  It is the understanding of the Board that these extinguishers have been installed.
	7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the newly installed fire alarm system in this facility as a required 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 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.  
	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 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.  
	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)].