The above-captioned case was scheduled for hearing on March 11, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Richard, Filippi, Newbrook, Coutu, Preiss, Burlingame, OConnell and Pearson 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 Burlingame 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 August 14, 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 March 11, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the August 14, 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 23-28.16-2 in order to allow the Applicant to maintain the egress system as modified herein.  The Board further directs the Applicant to prepare the plaster walls of this facility, 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.
2.	A. The Board hereby grants a variance from the provisions of Sections 23-28.16-2 in order to allow the Applicant to maintain exit access through the kitchens and bedroom windows of this facility.  The variance is granted on the basis of structural hardship and in the absence of an objection by the Pawtucket Fire Marshals Office.
B.	The Board hereby directs the Applicant to correct deficiency 2b by removing the cited deadbolts and all other locking devices on the bedroom doors through which access to the fire escape system is achieved.  Specifically, these doors shall remain any locks or locking devices.
	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. This variance is granted on the basis of structural hardship.
	4.	A. The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to provide the existing door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further 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.
	B. the Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the existing doors with approved UL listed spring-loaded hinges 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.
	C.  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 swing of the cited egress doors of this facility.  This variance is granted in the absence of an objection by the Pawtucket Fire Marshals Office.
	5.	As a condition of the variance granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage, 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 variance granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at direction and to satisfaction of the Pawtucket Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
	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 maintain fire extinguisher in each of the apartment units of this facility.  In granting this variance, it is the understanding of the Board that the Applicant has already provided each of the apartment units with an approved fire extinguisher.
	8.	As a condition of the variance granted herein, the Boards 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 or designee, within one hundred and twenty (120) days from the date of this of Decision.
	9.	It is the understanding of the Board that the Applicant has corrected deficiency 9 by removing the cited fir load within the boiler room.  However, in order to maintain safety of the boiler room area, the Board hereby directs the Applicant, as a condition of the variance herein, to provide and approved remote shutoff switch to the boiler in a location deemed appropriate by the Pawtucket Fire Marshals Office.  The above boiler room correction shall be made 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)].