The above captioned case was scheduled for hearing on August 27, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Newbrook, Evans, Preiss, and Burlingame 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 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 May 17, 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 August 27, 2002 hearing on this matter.  Accordingly, the board hereby incorporates the May 17, 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 one approved means of egress from six of the eight apartment units within this facility.  In granting this variance, it is the understanding of the Board that the third floor has a second means of egress through fire escapes.  Finally, it is the understanding of the Board that this facility is protected by a municipal fire alarm system, which shall be deemed a required system for the purposes of maintenance.
	B.  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, rating and configuration of the cited halls, corridors and stairs of this facility.  In granting this variance, it is the understanding of the Board that this facility is protected by a municipally connected fire alarm system to the satisfaction of the Pawtucket Fire Marshal.
	C.  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 and rating of the center stairs doors.  In granting this variance, the Board directs the Applicant to provide the cited doors with approved closures 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.
2.	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow some apartments to exit through the kitchens and bedrooms of this facility.
	B.  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 fire escapes through bedrooms.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.
	C.  At the end of the August 27, 2002 hearing, the Board directed the Applicant to address the rating of the existing egress system doors of this facility.  Specifically, the Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain the existing egress system doors with approved domestically supplied sprinkler heads or to replace the doors by providing approved solid core wood doors with an approximate fire rating of twenty (20) minutes in the existing egress system door jambs or to provide the existing egress system door jambs with approved raised paneled doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be so modified within one hundred and twenty (120) days of the date of this Decision to the satisfaction of the Pawtucket Fire Marshal.
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 open stairway within the center of 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 swing of the cited doors.
	B.  The Board hereby directs the Applicant to correct deficiency 4B by providing the cited doors with approved closures, 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.
	C.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of cited doors.  However, the Board directs the Applicant to address the rating of the doors as outlined in item 2C above.
5.	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.
6.	During the August 27, 2002 hearing on this matter, the Pawtucket Fire Marshal advised the Board that he would have no objection to providing an approved sprinkler head over the boiler in lieu of other protection.  Accordingly, the Board hereby directs the Applicant to provide an approved domestically supplied sprinkler head over the boiler of this facility, 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.  Accordingly, the Board hereby grants a variance from the rating requirements of the boiler enclosure with the installation of a sprinkler head.
7.	As a condition of the variances granted herein, the Board hereby directs that the third floor of this facility shall be utilized for light hazard storage only and shall not otherwise be occupied.

	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)].