The above captioned case was scheduled for hearing on February 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Evans, Burlingame, Coutu, Pearson, 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 Richard and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Evans.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 31, 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 February 25, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 31, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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 hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.
2.	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain the use of windows as a second means of egress from the first floor apartment of this facility.  In granting this variance, it is the understanding of the Board that the windows are of appropriate size and that the Pawtucket Fire Marshals Office has no objection.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain the cited dimensions of the rear stairway within this facility.  In granting this variance on the basis of structural hardship, the Board notes that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 9 below.
	C.  The Board hereby directs the Applicant to correct deficiency 2C by providing an approved window, of sufficient size to access the fire escape from the second floor right apartment.  The above window shall be installed at the direction and to the satisfaction of the Pawtucket Fire Marshal and shall either be a push out window or a sash window of appropriate size as approved by the Pawtucket Fire Marshals Office.  Finally, the Board directs the Applicant to install the above window within ninety (90) days from the date of this Decision.
3.	The Board hereby directs the Applicant to correct deficiency 3 by sealing off the cited transom above the front hall stairway, at the direction and to the satisfaction of the Pawtucket Fire Marshal within ninety (90) days from the date of this Decision.
4.	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 dimensions, rating and winding nature of the cited stairways within this facility.  In granting this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system as outlined in item 9 below.
5.	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 apartment 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 Marshal within ninety (90) days from the date of this Decision.
6.	The Board notes that deficiency 6 is Grandfathered and not being requested by the Pawtucket Fire Marshals Office.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7.  Accordingly, the Board hereby directs the Applicant to maintain the cited emergency lighting as a condition of the variances granted herein.
8.	It is the understanding of the Board that the Applicant has installed fire extinguishers in this facility.  In the event the applicant wishes to relocate those fire extinguishers to each of the apartment units of this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal, the Applicant may do so within fifteen (15) days from the date of this Decision.
9.	As a condition of the variances granted herein, the Board directs the Applicant to maintain the recently installed fire alarm system of this facility as a required system for purposes of maintenance.
10.	The Board hereby grants a variance in order to allow the Applicant to maintain a fifth apartment addition with an emergency window exit to grade.  The fifth apartment addition shall be further equipped with the approved fire alarm system installed in accordance with item 9 above.

	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)].