The above-captioned case was scheduled for hearing on August 19, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 July 15, 2003 inspection report compiled by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal’s Office during the August 19, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 15, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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 23-28.16-3 in order to allow the Applicant to exit through the kitchen and the bedrooms of the apartments of this complex.  This variance is granted on the basis of structural hardship.  As a condition of 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.
	
1(b) The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the existing doors used for egress not to be maintained at floor level.  This variance is also granted on the basis of structural hardship.
	
2(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 rating of the cited stairways in this facility as modified herein.
	
2(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 horsehair plaster and wainscoting within the stairways.  As a condition of this variance, the Board directs the Applicant to provide the cited wainscoting with an approved class “A” finish.
	
2(c) 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 winding stairs within this facility.  This variance is based on structural hardship.
	
2(d) The Board hereby grants the Applicant to correct deficiency #2(d) by providing the cited stairs with approved handrails installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office within 120 days of the date of the date of this decision.	
	
3(a) 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 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 installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office within 120 days of the date of this decision.
	
3(b) See item 3(a) above.
	
3(c) 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 egress doors.
	
3(d) The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of cited apartment doors of this facility.  This variance is based on structural hardship.
	
4. It is the understanding of the Board that deficiency #4 is grandfathered and not being requested by the Pawtucket Fire Marshal’s Office.
	
5. The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved emergency lighting as part of the fire alarm safety package for this facility.  The above emergency lighting shall be installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 Days of the date of this decision.
	
6. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved local fire alarm system , installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, within 120 days of the date of this decision.
	
7. The Board hereby directs the Applicant to correct deficiency #7 by properly cleaning the basement of this facility and maintaining it at the direction and to the satisfaction of Pawtucket Fire Marshal.	
	
8. During the August 19, 2003 hearing on this matter, the Board was advised that the Applicant had corrected deficiency #8 by providing this facility with approved fire extinguishers. The Board hereby grants a variance in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers.

STATUS OF DECISION AND APPEAL RIGHTS
	
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 Applicant’s 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. (See:  Board Rules and Regulations, section 6-2-17).
	
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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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.  (See: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s 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)].