The above captioned case was scheduled for hearing on March 5, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Richard, Evans, Burlingame, Newbrook, and Coutu were present. The fire service was represented by Assistant Deputy State Fire Marshal Robert Howe of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a June 5, 2001 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 March 5, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 5, 2001 inspection report as its initial findings of fact.

	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.l-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.l6-2 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 egress system walls are in good condition and that the Pawtucket Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

2.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3 in order to allow the Applicant to maintain access to the interior stairways through kitchens and to further 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 Marshal, within thirty (30) days from the date of this Decision.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing construction and dimension of the stairways within this facility.  This variance is granted pursuant to the Applicant providing this facility with an approved fire alarm system.

4.	It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing the cited doors with approved self-closing devices.

5.	The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved fire stopping, installed at the direction of the Pawtucket Fire Marshal within thirty (30) days from the date of this Decision.

6.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the installed exit signs within this facility as a required system.

7.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the emergency lighting, previously installed in this facility, as a required system.

8.	It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing this facility with approved fire extinguishers.

9.	As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the fire alarm system, previously installed in this facility, as a required system for the purposes of maintenance.

10.	It is the understanding of the Board that the Applicant has corrected deficiency #10 and shall continue to maintain the egress system of this facility clear of all obstructions.

11.	During the March 5, 2002 hearing on this matter, the Board was advised that the Pawtucket Fire Marshal and the Applicant wished to address two (2) further items.  Specifically, the Applicant sought a variance to maintain the existing fire escape and a variance to maintain fire escape access to the bedrooms of this facility. Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escapes of this facility.  This variance is contingent upon the Pawtucket Fire Marshal’s approval of the fire escapes as being in good condition.  The Board further grants a variance to allow the Applicant to maintain access to the fire escape system through bedrooms of this facility.  This variance is contingent upon the Applicant removing all locks and locking devices from the bedroom doors through which access to the fire escape is achieved.

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.

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 Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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 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.  [RIGL 42-35-l5(c)]