The above-captioned case was originally scheduled for hearing on December 2, 2003.  At that time it was determined that a subcommittee of the Board should review this facility.  A subcommittee of the Board conducted an on-site inspection of the facility on January 6, 2004 at 10:00 am.  The subcommittee findings were scheduled to be presented to the Board that afternoon at 1:00 pm.  During the January 6, 2004 hearing, the Board determined that additional time would be necessary for the Pawtucket Fire Marshal and the Applicant to develop an approved plan of action.  The matter was thereupon reassigned to hearing on January 13, 2004.
The above captioned case was most recently scheduled for hearing on January 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Preiss, Richard, Wahlberg, Coutu, Filippi, OConnell and Burlingame 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 Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioner Richard and Commissioner Wahlberg and the abstention of Commissioner Filippi.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 27, 2002 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 January 13, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the August 27, 2002 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).

CONCLUSIONS AND VARIANCE REQUESTS
	1(a).  The Board finds deficiency 1(a) to be informational in nature and incorporating the remaining deficiencies of item 1.
	1(b).  The Board hereby directs the Applicant to correct deficiency 1(b) by bringing the rear outside stairwell into compliance with all codes at the direction and to the satisfaction of the Pawtucket Fire Marshal and Pawtucket Building Official within 120 days of the date of this decision.  As a further condition of the variances granted herein, the Board hereby directs the Applicant to provide the Pawtucket Fire Marshals office with a structural engineers report that all of the braces and fittings of the outside rear stairs comply with the structural code requirements covering those stairs.
	1(c).  During the January 13, 2004 hearing on this matter, the Board was advised that the Applicant plans to excavate the rear foundation wall in order to provide a compliant back stairs and corridor to allow egress from the basement units.  Accordingly, the Board hereby directs the Applicant to correct deficiency 1(c) at the direction and to the satisfaction of the Pawtucket Fire Marshal in accordance with the above plan within 120 days of the date of this decision.  If additional time is necessary, and good faith efforts have been shown, the Applicant may return to the Board to request additional time for this item and the remaining items.
	1(d).  The Board hereby directs the Applicant to correct deficiency 1(d) by providing approved double 5/8 sheetrock separation walls throughout this facility at the direction and to the satisfaction of the Pawtucket Fire Marshals office, within 120 days of the date of this decision.
	1(e).  During the on-site and subsequent hearings on this matter, the Board noted that the current boiler was improperly located under the egress stairs of this facility.  Accordingly, the Board directs the Applicant to correct this deficiency by moving the boiler from under the stairs to an approved separated shed on the side of the building.  The above boiler shall be moved at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.  In the event of good faith compliance with this plan, the Board may grant extensions pursuant to the request of the Pawtucket Fire Marshal or the Applicant.  During the interim period, the Board notes that two of the four apartments on the boiler side of the building are not currently occupied.  The Board directs that those apartments shall not be occupied until this deficiency is corrected.  The Board further directs that if additional apartments on the boiler side become vacated, they shall remain unoccupied until such time as the boiler is removed from the staircase of this facility.  
	2(a).  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain exits in the building through either kitchens or bedrooms.  In the event that the Applicant has an exit path through a bedroom, the Board directs that all locks and locking devices from the bedroom doors be removed, and that the doors be maintained without such hardware.
	2(b).  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 dimensions of the cited stairwells in accordance with the plan of action outlined above.  Specifically, the Applicant is directed to remove the boiler and stack from the stairwells and to provide this area with an approved sheetrock fire shield at the direction and to the satisfaction of the Pawtucket Fire Marshals office.  The Applicant is further directed to protect the underside of the stairs as part of its plan of action with approved sheetrock and to further provide approved domestically supplied sprinkler heads throughout the stairwell at the direction and to the satisfaction of the Pawtucket Fire Marshal.  Finally, the Applicant is directed to correct the back egress and the rear stairway at the direction and to the satisfaction of the Pawtucket Fire Marshal as outlined above.  Finally, the Applicant is directed to provide an approved continuous replacement handrail on the short end of the winding stairs at the center post at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	2(c).  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the cited step down at the exit doors of this facility.
	3(a).  The Board hereby directs the Applicant to correct deficiency 3(a) by providing the stairs with an approved fire shield at the direction and to the satisfaction of the Pawtucket Fire Marshal as outlined above, within 120 days of the date of this decision.
	3(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 stairway width in accordance with the plan outlined above.  
	3(c).  The Board hereby directs the Applicant to correct deficiency 3(c) by providing protection at the bottom of the stairs and by removing any non-rated carpeting from the stairs.
	4(a).  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 rear exit doors of this facility.  In granting this variance, the Board notes that the front doors of this building are approved.
	4(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 door jambs of this building 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.  It is the understanding of the Board that the above doors have been installed at the direction and to the satisfaction of the Pawtucket Fire Marshal and are currently in operation in this building.
	4(c).  See item 4(b) above.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing an approved fire separation between the clusters of units within this building at the direction and to the satisfaction of the Pawtucket Fire Marshals office within 120 days of the date of this decision.  In the event the Applicant needs more time after a good faith effort, the Applicant or the Pawtucket Fire Marshal may re-petition the Board for additional time.
	6.  It is the understanding of the Board that the Applicant has provided this facility with an approved municipally connected fire alarm system.  As part of that fire alarm package, the Board hereby directs the Applicant to provide this facility with approved exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals office, within 120 days of the date of this decision.  
	7.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by removing the cited interior floor coverings and replacing them with approved coverings, at the direction and to the satisfaction of the Pawtucket Fire Marshals office within 120 days of the date of this decision.

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)].