The above captioned case was scheduled for hearing on November 19, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Newbrook, Richard, Pearson, Coutu, Filippi, 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 Newbrook and seconded by Commissioner Evans 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 June 12, 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 November 19, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 12, 2002 inspection report as its initial findings of fact.  Any modification of the Boards 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.	The Board hereby grants a variance form the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the existing construction and rating of the cited egress system within this facility.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system as outlined in item 8 below.  The Board further directs the Applicant to provide an approved sprinkler head over the boiler within this facility and to provide an approved steel door to service the boiler room enclosure.  The Board directs the Applicant to effect the above corrections within one hundred and twenty (120) days from the date of this Decision.
2.	The Board hereby directs the Applicant to correct deficiency 2 by sealing off the transoms of this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
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 as part of the means of egress from the basement of this facility.  This variance is based on structural hardship and in light of the Applicants agreement to provide this facility with an approved fire alarm system as outlined herein.
4.	A.  The Board hereby grants a variance from the provisions of Section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited exit doors within this facility.
	B & C.  The Board hereby grants a variance from the provisions of Section 23-28.16-6(a) 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 and installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  It is the understanding of the Board that the Applicant has already complied with this deficiency.
5.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signs, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office, within one hundred and twenty (120) days from 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 emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
7.	During the November 19, 2002 hearing on this matter, the Board was advised that the Applicant has already installed approved fire extinguishers throughout this facility.  Accordingly, the Board hereby grants a variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition, in order to provide the Applicant an option to install these extinguishers within each apartment unit of this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal.
8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, in accordance with the provisions of Section 23-28.16-6, within one hundred and twenty (120) days from the date of this Decision.

	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)].