The above-captioned case was scheduled for hearing on October 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Pearson, Evans, Burlingame, Coutu, Filippi 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 Evans 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 September 2, 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 October 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the September 2, 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.  In light of the Applicant’s agreement to provide this facility with an approved local fire alarm system as outlined in item #9 below, the Board hereby grants a variance from the provisions of section 23-28-16.2 in order to allow the Applicant to maintain the egress system of this facility as outlined below.
	
2(a).  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing egress route through the kitchens of this facility.  This variance is based on structural hardship.
	
2(b).  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain fire escape access through the bedrooms of this facility.  However, the Board directs the Applicant to provide the bedrooms with approved new windows of proper size and construction providing appropriate access to the fire escape.  The Board further 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(c).  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing step-down egress thresholds and the existing door swing of the egress doors leading to the outside of this facility.  These variances are granted on the basis of structural hardship in light of the Applicant’s agreement to provide this facility with an approved local fire alarm system.
	
3(a).  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 stairs and stairway construction of this facility.  In granting this variance, the Board directs the Applicant to provide an approved Class “A” finish on the cited wainscoting within the stairway system of this facility.
	
3(b).  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 based on structural hardship in light of the Applicant’s agreement to provide this facility with an approved local fire alarm system as outlined below.
	
4.  The Board hereby grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to provide the 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.  The Board further directs the Applicant to remove the blockage from the doors on the first floor rear and to remove the double key deadbolt and install appropriate hardware approved by the Pawtucket Fire Marshal’s office.  Finally, the Board 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 exterior doors.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by replacing the cited fire-stopping at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing this facility with approved exit signage.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of  the Pawtucket Fire Marshal, within 120 days of 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 provide each of the apartment units of this facility with an approved fire extinguisher.  It is the understanding of the Board that the Applicant has already provided the above extinguishers.  If any extinguishers need to be installed at this point, they are to be installed within fifteen (15) days of the date of this decision.
	
9.  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.

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)].