The above-captioned case was originally scheduled for hearing on November 4, 2003 at 1:00 P.M.  At that time, it was determined that a subcommittee of the Board should conduct an on-site inspection of the property.  On November 25, 2003 at 10:00 A.M., a subcommittee of the Board consisting of members Filippi, Evans, Newbrook, Burlingame, Coutu and O’Connell conducted an on-site inspection of this facility.  The case was thereupon rescheduled for hearing on November 25, 2003 at 1:00 pm.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Evans, Filippi, Coutu, Pearson, O’Connell and Burlingame were present.  The fire service was represented by Chief Plan Review Officer George Hoyle of the State Fire Marshal’s Office along with Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s office.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion passed over the abstention of Commissioner Burlingame.

FINDINGS OF FACT
	
During the November 25, 2003 on-site inspection of this facility and follow-up hearing on this matter, the Board was advised and finds that this is an existing building which is proposed to be a four unit apartment house.  The Board further finds that the prior occupancy of this building had multiple units with very limited protection.  The Board further finds that the Applicant has made substantial fire safety improvements to this facility including the extensive use of 5/8 inch sheetrock throughout this facility along with a fire alarm system, emergency lights and exit signage.  Finally, the Board finds that with the exception of the items listed below, the Applicant shall be in full compliance with the State Fire Code.  
	
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 18-2.1 and its referenced standards in order to allow the Applicant to maintain an emergency escape window in each bedroom with a clear dimension of 22 5/8 inches wide by 42 ¾ inches high.  In granting this variance, the Board directs the Applicant to provide an approved steel platform and ladder with an eight foot lead to ground connected to the uppermost bedroom window on the north side, or side four, of this building.  The above ladder and platform shall be installed at the direction and to the satisfaction of the State and Pawtucket Fire Marshals’ offices, prior to occupancy of this facility.
	
2.  The Board hereby directs the Applicant to provide approved rating of all of the doors and frames within this facility and to so provide the State and Pawtucket Fire Marshals with such certification prior to occupancy of this building.
	
3.  The Board hereby grants a variance from the provisions of sections 18-2.2.3 and 5-2.2 in order to allow the Applicant to maintain the existing dimensions of the cited front exterior stairs of this building.  This variance is based on structural hardship in light of the existing stone stairs.
	
4.  The Board hereby grants a variance from the provisions of section 18-2.2.3.4 in order to allow the Applicant to maintain the existing winding stairs within the rear staircase of this facility.  This variance is based on structural hardship.
	
5.  The Board hereby grants a variance from the provisions of section 18-2.7 and 5-7.3 in order to allow the Applicant to maintain the existing stairs which are not interrupted at the level of exit discharge to the basement.  In granting this variance, the Board notes that the Applicant has separated the stairway at the basement level from the furnace room level of this facility.
	
6.  The Board hereby grants a variance from the provisions of section 18-3.1.1 and 6-2.4 in order to allow the Applicant to maintain the existing 5/8 inch sheetrock over existing wood stud assembly throughout this building.  
	
7.  The Board hereby grants a variance from the provisions of section 18-3.2.1 in order to allow the Applicant to maintain the existing sheetrock separation from the boiler room of this facility.  In granting this variance, the Board directs the Applicant to properly seal off the existing sheetrock at the direction and to the satisfaction of the Pawtucket Fire Marshal before occupancy of this facility.
	
8.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing ceiling height of the third floor of this facility.
	
9.  The Board hereby grants a variance in order to allow the Applicant to provide each of the apartment units of this facility with an approved fire extinguisher and to provide an approved fire extinguisher in the mechanical room of this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal before occupancy.

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)].