The above captioned case was originally scheduled for hearing on January 6, 2004 at 1:00 P.M.  At that time the Board determined that this facility should be reviewed by an on site sub-committee.  Accordingly a sub-committee toured this facility on February 3, 2004 at 10:00 A.M. and reported back to the full Board on February 03, 2004 at 1:00 P.M.  

Accordingly,  the above captioned case was most recently scheduled for hearing on February 3, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, Filippi, Burlingame, Pearson, Coutu 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 Coutu to accept the sub-committee’s recommendations.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond in sequence with those of a November 5, 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 February 3, 2004 hearing on this matter.  

Accordingly, the Board hereby incorporates the November 5, 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal).”

CONCLUSIONS AND VARIANCE REQUESTS
	
1(a).In addition to those directives outlined below regarding the egress system, the Board hereby directs the Applicant to correct deficiency 1(a) by providing two means of egress from the second floor apartment units by either providing a fire escape or constructing additional egress passageways to the front stairs of this facility.  

Deficiency 1(a) shall be corrected at the direction and to the satisfaction of the Pawtucket Fire Marshal in accordance with the above plan within 120 days of the date of this decision.
	
1(b).  The Board hereby grants a variance from the provisions of sections 23-28.16-2 in order to allow the Applicant to maintain the existing travel distance within this facility.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal’s Office has no objection in light of the fact that this facility is fully sprinklered and provided with an approved municipally connected fire alarm system.
	
1(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 height of the cited windowsills within this facility in accordance with the following plan of action.  The Applicant is hereby directed to provide an approved bench in proximity of the cited windowsills in order to allow residents of the facility to step on the bench to step up to the windowsills.  The above bench shall be installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
1(d).  The Board hereby directs the Applicant to correct deficiency #1(d) by repairing the corridor walls at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of 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 the applicant to maintain the existing egress through the kitchens, bedrooms and bathrooms of this facility.  This variance is based on structural hardship.  As a condition of this variance, the Board directs the Applicant to remove all locks and locking devices from those internal rooms through which access to the fire escape system is achieved.
	
2(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 existing cited corridor widths within this facility.  This variance is based on structural hardship.
	
2(c).  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 cited doorways on first floor of this facility, which are not at floor level.  This variance is based upon structural hardship of existing condition.
	
2(d).  The Board hereby directs the Applicant to correct deficiency #2(d) by providing an approved passageway construction of approximately one (1) hour at the direction and to the satisfaction of the Pawtucket Fire Marshal.  The Board hereby grants a variance in order to allow the Applicant to provide approved solid core wood doors, with approved spring loaded hinges, in the existing door passageway door jambs of this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3 by removing the cited apartment windows located in the front stairway.
	
4(a).  It is the understanding of the Board that the Applicant has corrected deficiency 4(a) by properly enclosing the cited stairway.
	
4(b).  The Board hereby directs the Applicant to either correct deficiency #4(b) or properly seal off the elevator at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.
	
4(c)  The Board hereby directs the Applicant to correct deficiency #4(c) at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, within 120 days of the date of this decision.
	
4(d).  It is the understanding of the Board that the Applicant has corrected deficiency #4(d) at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office.
	
5(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 majority of the door swinging opposite to the direction of egress travel.  However, the Board directs the Applicant to re-swing the hallway door on the second floor side two (2) at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
5(b).  The Board hereby directs the Applicant to correct deficiency # 5(b) at the direction and to the satisfaction of the Pawtucket Fire Marshal, in accordance with this decision, within 120 days of the date of this decision.
	
5(c)(d)(e).The Board directs the Applicant to correct deficiencies #5(c), 5(d) and 5(e) at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with construction complying with codes for new apartment buildings, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by providing this facility with approved exit signage, within 120 days of the date of this decision.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
9.  The Board hereby directs the Applicant to correct deficiency #9 by providing this facility with approved fire extinguishers either in the apartments at the direction and to the satisfaction of the Pawtucket Fire Marshal or in the hallways in accordance with NFPA Standard 10, within two (2) weeks of the date of this decision.
	
10(a).  The Board hereby directs the Applicant to correct deficiency 10(a) by removing all painting tape from the obstructed sprinkler heads at the direction and to the satisfaction of the Pawtucket Fire Marshal’s Office, within thirty (30) days of the date of this decision.
	
10(b).  The Board hereby directs the Applicant to correct deficiency #10(b) at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 30 days of the date of this decision.
	
10(c).  It is the understanding of the Board that deficiency 10(c) is informational in nature.
	
11.  The Board hereby directs the Applicant to remove all decorative materials from the common corridors in this facility unless they have been properly flame resistant rated at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.  The Board further grants a variance in order to allow the Applicant to maintain the existing headroom in the corridors of this facility. However, the Board directs the Applicant to remove the cited washer and dryer from the rear stairway on the second floor of this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
12.  The Board hereby directs the Applicant to correct deficiency #12 by providing this facility with an approved master fire alarm box at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, within 120 days of the date of this decision.
	
13(a).  The Board hereby directs the Applicant to correct deficiency #13(a) by removing the cited dryer and washer from the second floor landing at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.
	
13(b).  The Board hereby directs the Applicant to correct deficiency #13(b) by properly housekeeping and maintaining the cited old loading dock area at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
14.  The Board hereby directs the Applicant to correct deficiency #14 by providing an approved double insulated vent pipe from the second floor space heaters of this facility.
	
15.  During the on-site tour of this facility the Board noted that all penetrations should be sealed off at the direction and to the satisfaction of the Pawtucket Fire Marshal and any ceiling tiles covering a sprinkler head should be replaced with approved melt away tiles at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
16.  With regard to the egress from apartment 1L, the Board directs the Applicant to provide an approved push out window of suitable size for a second means of egress, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
17.  The Board hereby directs the Applicant to provide this facility with approved CO and smoke detection at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
18.  As a condition of the variances granted herein, the Board directs the Applicant to maintain the alley ways as approved areas of refuge from this facility.
	
19.  The Board hereby directs the Applicant to remove the motorcycle from the third floor apartment unit of this facility within thirty (30) days of the date of this decision. 
	
20.  The Board hereby directs the Applicant to bring this facility into compliance with the above decision prior to occupancy of the vacant apartments in this facility.

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)].