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 Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The number of the Decision below correspond with those of an April 9, 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 April 9, 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 23-28.11-4(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 existing egress system of this facility and the existing rating of the cited stairway and corridor walls.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system as outline 8 below.
2.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain an existing route through the kitchen of this facility.  In granting this variance of the basis of structural hardship, it is the understanding of the Board that the Applicant has agreed to provide this facility with an approved fire alarm system as outlined 8 below.
3.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to maintain the existing cited wainscoting on the basement stairs of this facility.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting on the basement stairs with an approved Class A finish, 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.
4.	The Board hereby grants the Applicant a variance in order to allow the Applicant to provide each of the egress system doors 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 one hundred and twenty (120) days from the date of this Decision.  The Board further grants a variance in order to allow the Applicant to maintain the existing width of the cited apartment doors and to further allow the Applicant to maintain the existing swing of the cited apartment doors.  In granting these variances, 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.
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 Marshal or designee, with one hundred and twenty (120) days from the date of this Decision.
6.	As a condition of the variances granted herein, the Board herby 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, within one hundred and twenty (120) days from the date of this Decision.
7.	The Board hereby grants the Applicant an optional variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to install fire extinguishers in each of the apartment units of this facility, at the direction and to the satisfaction of the Pawtucket Fire Marshal.  In any event, the fire extinguishers shall be installed within fifteen (15) days from the date of this Decision.
8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal of designees, within one hundred and twenty (120) days from the date of this Decision.
9.	During the February 25, 2003 hearing on this matter, the Board was advised that there might not be a remote shutoff switch on the boiler of this facility.  In the event that the shutoff switch is not connected to the boiler, the Applicant is directed to provide the boiler with an approved shutoff switch, 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 Decisions.

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 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)].