The above-captioned case was scheduled for hearing on September 30, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Burlingame, Pearson, Coutu and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Burlingame 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 July 15, 2003 inspection report compiled by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Pawtucket Fire Marshal’s Office during the September 30, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 15, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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 from the provisions of section 23-28.16-3 in order to allow the Applicant to exit through the kitchen and bedroom windows of this facility.  In granting this variance on the basis of structural hardship, the Board hereby directs the Applicant to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved.  
	
2.  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 and to further maintain the existing stairway wall construction within this facility.  Finally, the Board directs the Applicant to provide the cited stairways with approved hand rails, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office within 120 days of the date of this decision.
	
3.  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 door swing of the egress doors of this facility and to further allow the Applicant to provide the existing egress system 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 equipped with spring loaded hinges installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office within 120 days of the date of this decision.
	
4.  During the September 30, 2003 hearing on this matter, the Board was advised that the exit system within this facility is obvious, and therefore the Pawtucket Fire Marshal is not requesting exit signs as a condition of the variances granted herein.
	
5.  The Board hereby directs the Applicant, as a condition of the variances granted herein, to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or designee, within 120 days of the date of this decision.
	
6.  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 maintain approved fire extinguishers within each of the apartment units within this facility.  The Board hereby directs the Applicant to provide this facility with approved fire extinguishing equipment within fifteen (15) days of the date of this decision.
	
7.  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 within 120 days of the date of this decision.
	
8.  During the hearing on this matter, the parties were unaware as to whether a remote shut off switch had been installed on the boiler of this facility.  Accordingly, if the boiler does not have a remote shut off switch, the Board directs the Applicant to immediately install such a switch, at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.

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 Applicant’s 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. (See:  Board Rules and Regulations, section 6-2-17).
	
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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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.  (See: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s 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)].