The above captioned case was scheduled for hearing on September 10, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, OConnell, Newbrook, Filippi, Preiss, Coutu 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 OConnell and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  This motion was unanimous.

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 September 10, 2002 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 a 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.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 8 below.
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 a second means of egress through bedroom windows to an existing fire escape within this facility.  In granting this variance, it is the understanding of the Board that both the windows and fire escape are in good operating condition.  As a condition of this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors through which access to the fire escape system is achieved.
	B.  It is the understanding of the Board that the Applicant has corrected deficiency 2B by removing the cited deadbolt lock on the bedroom door in the front apartment of this facility.
3.	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-5(a) in order to allow the Applicant to maintain the existing construction and rating of the cited stairway within this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the stairway is in good condition and that the Applicant shall provide this facility with an approved local fire alarm system.
	B.  The Board hereby grants a variance from the provisions of Section 23-28.16-5(f) in order to allow the Applicant to maintain the existing winding stairs within this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Pawtucket Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system.
4.	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 cited solid core doors in the existing apartment door jambs with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
	B.  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 width of the cited apartment doors of this facility.
5.	It is the understanding of the Board that deficiency 5 is Grandfathered and not being requested by the Pawtucket Fire Marshal as part of the plan of action for fire safety of this facility.
6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, in accordance with the provisions of Section 23-28.16-12.
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, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.
8.	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, in accordance with the provisions of the most recent fire alarm code adopted by this Board.

	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)].