The above captioned case was scheduled for hearing on June 11, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Richard, Preiss, and Newbrook 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 Preiss 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 23, 2002 inspection report compiled by the Pawtucket Fire Marshals Office.  The above report was utilized by the Board, the Pawtucket Fire Marshal and the Applicant during the June 11, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the January 23, 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.	
CONCLUSIONS AND VARIANCE REQUESTS 
1.	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain fire escape access through the cit3ed approved windows and to further maintain an exit access route through the kitchen of this facility.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system.
2.	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to utilize windows as a portion of the means of egress to access the fire escape system of this facility as outlined in item 1 above.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within ninety (90) 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 sheet rock walls of the cited stairways within this facility.
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 exit door swing of this facility.
	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 apartment doors of this facility with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
	C.  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 apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The Board hereby directs the Applicant to install the above doors, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
5.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
6.	As a condition of the variances granted herein, the Board 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 one hundred and twenty (120) days from the date of this Decision.  The above emergency lighting may also be relayed to the fire alarm system if deemed appropriate by the Pawtucket Fire Marshal.
7.	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 approved fire extinguishers in each of the apartment units located within this facility.  The above fire extinguishers shall be installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
8.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, within one hundred and twenty (120) days from the date of this Decision.

	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)].