The above-captioned case was scheduled for hearing on November 12, 2002 at 1:00 P.M.  At that time Vice Chairman Richard and Commissioners Filippi, Coutu, Pearson, Wahlberg and Newbrook 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 Coutu and seconded by Commissioner Newbrook 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 a September 11, 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 12, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the    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 provision of Section 23-28.16-2 in order to allow the Applicant to maintain the existing 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 with an approved fire alarm system as outlined in item 10 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 exit access through the kitchens and bedrooms of the apartments within this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the egress system is achieved.
3.	The Board hereby grants a variance from the provisions Section 23-28.16-5 in order to allow the Applicant to maintain the existing winding nature of the stairs within this facility and to maintain the existing wainscoting on the egress system walls.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class A finish, installed at direction and to the satisfaction of the Pawtucket Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
4.	The Board hereby grants a variance from the provisions of Section 23-18.16.-6 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 within one hundred and twenty (120) days from the date of this Decision.
5.	The Board hereby grants a variance from the provisions of Section 23-28.16-7 in order to allow the Applicant to maintain the existing building construction and rating of the egress system of this facility as modified herein.  This variance is granted on the basis of structural hardship and in light of the Applicants agreement to provide with an approved fire alarm system as outlined in item 10 below.
6.	During the November 12, 2002 hearing on this matter, the Board was advised by the Pawtucket Fire Marshal that the existing of this facility were obvious and  he would not be requesting exit signs as part of the fire safety package for this facility.
7.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshals or designee, within one hundred and twenty (120) days from the date of this Decision.
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 maintain the currently installed fire extinguishers in each of the apartment units of this facility.
9.	The board hereby grants a variance from the provisions of Section 23-28.16-14 and NFPA Standard 13, 1989 edition in order allow the Applicant to provide the egress system of this facility with approved domestically supplied sprinkler heads installed at the direction and to the Pawtucket Fire Marshals Office.  The Board shall allow the Applicant to utilize wall heads with approved deflectors, at the direction and to the satisfaction of the Pawtucket Fire Marshals Office.  The above domestically supplied sprinkler heads shall be 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.
10.	As a condition of the variance granted herein, the Board directs 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 that 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)].