The above captioned case was scheduled for hearing on April 30, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Coutu, Pearson, Burlingame, Richard, Newbrook, and Evans were present.  The fire service was represented by the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Wahlberg 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 January 11, 2002 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal during April 30, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the January 11, 2002 inspection report as its initial findings of fact.
	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 egress systems of this facility as modified herein.  The above variance is conditioned upon the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 7 below.
	2. 	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-3(a) in order to allow the Applicant to maintain access to the interior stairs through kitchens and access to the fire escape through windows.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from doors on those bedrooms through which access to the fire escape is achieved.
		B.  The Board hereby grants a variance from the provisions of Section 234-28.16-3 in order to allow the Applicant to maintain access from the first floor apartment through bedroom windows.
		C.  The Board hereby grants a variance from the provisions of Section 23-28.16-3(d) in order to allow the Applicant to provide the existing apartment and 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 and installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
	3.	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 and rating of the cited stairways of this facility as modified herein.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the winding stairs within the egress system of this facility.  As a condition of this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class A finish, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
	4.	As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved exit signage, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	5.	As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	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 the Applicant to provide each of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within fifteen (15) days from the date of this Decision.
	7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 7 by providing this facility with an approved local fire alarm system, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
	8.	During the April 30, 2002 hearing on this matter, the Board was advised by the Pawtucket Fire Marshal that the boiler of this facility was unenclosed.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing boiler room enclosure with the addition of a domestic sprinkler head installed above the boiler, at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	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)].