The above-captioned case was scheduled for hearing on May 20, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Coutu and Burlingame 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 Newbrook and seconded by Commissioner Coutu 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 an April 7, 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 May 20, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 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 23-28.16-2 in order to allow the Applicant to maintain the existing egress from this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal’s office has no objection in light of the Applicant’s installation of a local fire alarm system.
	
2.  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 exits through the bedrooms of the apartment units.  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 fire escape system is achieved and to further enlarge window access to the fire escape system at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office within ninety (90) days of the date of this decision.
	
3.  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 rating of the walls and ceilings of the stairways within this facility.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing winding stairs within this facility.  Finally, the Board directs the Applicant to provide the cited stairs with approved handrails, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within ninety (90) days of the date of this decision.
	
4.  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 swing of the egress doors throughout this facility.  The Board further grants a variance from the above provisions in order to allow the Applicant to provide the existing apartment 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 installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within ninety (90) days of the date of this decision.  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 thirty (30) inch width of the apartment doors within this facility.
	
5.  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 the option of providing each of the apartment units and the basement of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office within fifteen (15) days of the date of this decision.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by removing all of the combustible debris from the basement of this facility.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing the front porch and second floor rear porch with appropriate guards.
	
8.  As a condition of the variances granted herein, the Board hereby directs the Applicant to maintain the recently installed fire alarm system as a required system and to further provide this facility with approved emergency lighting covering the egress system.  The above emergency lighting shall be installed within ninety (90) days of the date of this decision.  Finally, the Board notes that the exits are obvious in this facility and exit signs are not being requested by the Pawtucket Fire Marshal’s office as a condition of the variances granted herein.

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)].