The above-captioned case was originally scheduled for hearing on August 12, 2003 at 1:00 pm.  Upon review of this facility, it was subsequently determined that the Board should tour this facility with an on-site subcommittee.  Accordingly, a subcommittee of the Board conducted an on-site inspection of this facility on August 26, 2003 at 11:00 am.  The Applicant thereupon returned to the Board for a hearing before the full Board on August 26, 2003 at 1:00 pm.  At that time a preliminary plan of action was developed and the Applicant was directed to work out a final plan of action with the Pawtucket Fire Marshals office and then return to the Board for further review.
The most recent hearing on the above captioned case was scheduled on October 7, 2003 at 1:00.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Newbrook, Pearson, Coutu and Filippi 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 Newbrook and seconded by Commissioner Wahlberg 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 May 28, 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 October 7, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the May 28, 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.  During the October 7, 2003 hearing on this matter, the Board was advised by both the Applicant and the Pawtucket Fire Marshals office that the Applicant had developed a plan of action for the upgrading of this facility which was acceptable to the Pawtucket Fire Marshals office.  Specifically, the Applicant would provide for the complete enclosure of the main stairwell of this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal in accordance with the plan agreed to by the parties.  The above enclosure may not be in full compliance with the dimensional requirements of the code.  However, if it is acceptable to the Pawtucket Fire Marshals office, it shall be acceptable to the State Fire Board.  A second component of the plan of action would be to provide the egress system of this facility with approved, properly engineered sprinkler coverage, installed at the direction and to the satisfaction of  the Pawtucket Fire Marshals office.
	A third component of this action would be to provide the two egress windows leading to the fire escape of this facility with approved properly hinged and sized windows or doors installed at the direction and to the satisfaction of  the Pawtucket Fire Marshal.  Finally, the Applicant is directed to comply with the original decision in this matter by providing and/or upgrading the active fire protection of this facility including the fire alarm system, emergency lights, exit signs and fire extinguishers, at the direction and to the satisfaction of the Pawtucket Fire Marshal within the time frame outlined below.  The Board hereby grants the Applicant a time variance of six months from the date of this decision to bring this facility into compliance with the above provisions.  The Board further directs that this file shall remain open in the event that either the Applicant or the Pawtucket Fire Marshals office has questions regarding the implementation of this plan of action or the directives of the Board.
	1.  In light of the above, the Board hereby grants a variance from the provisions of section 23-28.7-2 in order to allow the Applicant to maintain the egress system of this facility as outlined herein.
	2.  The Board hereby grants a variance from the provisions of section 23-28.7-3 in order to allow the Applicant to utilize the existing fire escape system of this facility in accordance with the plan outlined in item 1 above.
	3.  The Board hereby grants a variance from the provisions of section 23-28.7-3 in order to allow the Applicant to maintain the existing exit thresholds at the first floor of this facility and to further allow the Applicant to utilize windows as a second means of egress in accordance with the provisions of item 1 above.
	4.  The Board hereby grants a variance from the provisions of section 23-28.7-5 in order to allow the Applicant to maintain the existing height and width of the stairs within this facility and to further enclose the stairway in accordance with the plan outlined in item 1 above.
	5.  The Board hereby grants a variance from the provisions of section 23-28.7-5 in order to allow the Applicant to maintain the winding nature of the front stairway of this facility in accordance with the plan outlined in item 1 above.
	6.  The Board hereby grants a variance from the provisions of section 23-28.7-6 in order to allow the Applicant to maintain egress system doors less than one-hour fire rated in conjunction with sprinkler coverage in accordance with item 1 above.
	7.  The Board hereby grants a variance from the provisions of section 23-28.7-7 in order to allow the Applicant to maintain the existing construction of the corridor walls of this facility in accordance with the sprinkler coverage outlined in item 1 above.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing this facility with approved exit signage within six (6) months of the date of this decision.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by immediately providing this facility with approved fire extinguishers.  The Board hereby grants a variance from the provisions of section 23-28.7-13 and NFPA Standard 10, 1988 edition, in order to allow the Applicant to provide each of the rooms of this facility with an approved extinguisher at the direction and to the satisfaction of the Pawtucket Fire Marshal as opposed to providing fire extinguishers in the common use areas.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.
	11.  It is the understanding of the Board that the Applicant has provided the cited boiler area with approved sprinkler coverage.  The Board hereby directs that Applicant to provide any additional safeguards in the boiler area at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	12.  The Board hereby directs the Applicant to provide this facility with approved fire alarm coverage, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee as outlined in item 1 above.

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)].