The above captioned case was scheduled for hearing on November 19, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Newbrook, Richard, Pearson, Coutu, Filippi, Preiss, Wahlberg, and OConnell 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 Evans 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 an April 30, 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 November 19, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 30, 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.	The Board here by grants a variance from the provisions of Section 23-28-16.2 in order to allow the Applicant to maintain the existing egress in the apartments within this facility as modified herein.  The Board hereby directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  As a condition of this variance, the Board directs the Applicant to maintain the recently installed fire alarm system within this facility as a required system.
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 through the kitchens and bedrooms of this facility.  In granting this variance, as outlined in item 1 above, the Applicant is directed to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  The Board further grants a variance from the above provisions 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 sixty (60) 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 within this facility.  In granting this variance, the Board directs the Applicant to provide the stairway wainscoting with an approved Class A finish, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within sixty (60) days from the date of this Decision.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing winding stairs within this facility.  It is the understanding of the Board that the Applicant has corrected deficiency 3C, by providing the cited stairwell with an approved handrail, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal.
4.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to utilize the solid core door and spring-loaded hinges throughout the egress system of this facility as outlined in item 3 above.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved group type A exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the cited emergency lighting throughout this facility as a required system.
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 each of the apartment units of this facility with approved fire extinguishers, or to install these extinguishers in accordance with NFPA Standard 10, 1988 edition.  In any event, the above extinguishers shall be provided within fifteen (15) days from the date of this Decision.
8.	During the November 19, 2002 hearing on this matter, the Board was advised that the Applicant previously had installed a fire alarm system within this facility.  Accordingly, as a condition o the variances granted herein, the Board directs the Applicant to maintain the above fire alarm system as a required system. 
	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)].