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 Filippi and seconded by Commissioner Newbrook 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 an April 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 September 10, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 17, 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.	A.  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 10 below.
	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 rating of the cited corridors and stairs of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class A finish, at the direction and to the satisfaction of the Pawtucket Fire Marshal within thirty (30) days of the date of this Decision.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to provide access to the apartment through kitchen and bedrooms of 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.
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 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.
4.	A.  It is the understanding of the Board that the Applicant has corrected deficiency 4A by properly reswinging the cited exit doors.
	B-C.  The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the apartment and 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.  It is the understanding of the Board that most of these doors have been installed.   However, the Applicant shall have thirty (30) days from the date of this Decision to install any remaining doors.
5.	The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved fire stopping, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within thirty (30) days from the date of this Decision.
6.	It is the understanding of the Board that deficiency 6 is Grandfathered and not being requested by the Pawtucket Fire Marshal as a component of the plan of action for fire safety of this facility.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with approved emergency lighting.  Accordingly, the Board hereby deems the emergency lighting system as a required system for the purposes of maintenance.
8.	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.
9.	See item 8 above.
10.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the approved local fire alarm system previously installed in this facility as a required system for the purpose of maintenance.

	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)].