The above captioned case was scheduled for hearing on October 22, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Filippi, Coutu, Wahlberg, OConnell, Newbrook, Richard and Preiss 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 Wahlberg 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 March 14, 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 October 22, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the March 14, 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 construction of the interior walls of this facility.  In granting this variance, it is the understanding of the Board that the Applicant has treated the wood surfaces of the walls with an approved Class A finish 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 provide the egress system door jambs of this facility with approved solid core wood doors with 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 Marshal within ninety (90) days from the date of this Decision.
3. A.	The Board directs the Applicant to correct deficiency 3 by sealing off the cited transom on the third floor right side apartment, at the direction and to the satisfaction of the Pawtucket Fire Marshal within ninety (90) days from the date of this Decision.
    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 construction and configuration of the cited winding stairs within this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Applicant has installed an approved local fire alarm system within this facility and has further provided the wood surfaces within the egress system with an approved Class A finish to the satisfaction of the Pawtucket Fire Marshals Office.
4.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide existing door jambs with approved solid core wood doors equipped with spring-loaded hinges as outlined in item 2 above.  The Board grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the egress system doorjambs of this facility.
5.	During the October 22, 2002 hearing on this matter, the Board was advised by the Pawtucket Fire Marshal that the means of egress from this facility were obvious and therefore exit signs were not being requested.
6.	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, in accordance with the provisions of Section 23-28.16-12, within ninety (90) days from the date of this Decision.	 
7.	The Board hereby grants a variance in order to allow the Applicant an option of either providing fire extinguishers in accordance with NFPA Standard 10, 1988 edition, or providing each of the apartment units of this facility with approved fire extinguishers.  In any event, the Applicant shall utilize one of the above options in order to provide this facility with approved fire extinguishers within fifteen (15) days from the date of this Decision.
8.	During the October 22, 2002 hearing on this matter, the Board was advised that the Applicant had provided this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  Accordingly, as a condition of the above variances, the Board directs that the above system shall be deemed a required system for purposes of maintenance.

	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)].