The above captioned case was scheduled and heard by the Board on October 29, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, OConnell, Filippi, Richard, Coutu, Wahlberg, 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 Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.
	The Decision herein is pursuant to a review of the audiotape of these proceedings.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 28, 2001 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 29, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 28, 2001 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 from the apartments of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Applicant has already installed an approved fire alarm system within this facility, to the satisfaction of the Pawtucket Fire Marshals Office.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain access to the exits through kitchens, bedrooms and bath.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those interior apartment doors through which access to the fire escape system is achieved.
3.	A.  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 within this facility.  This variance is granted on the basis of structural hardship in light of the Applicants providing this facility with an approved fire alarm system.
	B.  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 exit discharge doors within this facility.  The Board further grants a variance in order to allow the Applicant to maintain approved UL listed spring-loaded hinges on each of the apartment doors of this facility.  In granting this variance, it is the understanding of the Board that the Applicant has provided each of the apartment jambs of this facility with a minimum twenty- (20) minute rated door, installed to the satisfaction of the Pawtucket Fire Marshal.
4.	As a condition of the Variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee.
5.	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 or designee.
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 portable fire extinguishers in each of the apartment units within this facility.  It is the understanding of the Board that the fire extinguishers are currently installed.
7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the previously installed local fire alarm system as a required system for the purposes of maintenance.
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 by removing all combustible debris and other material waste from the cellar of this facility.	

	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)].