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 Preiss 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 egress system of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Applicant has installed a fire alarm system in this facility which shall be deemed as a required system for the purposes of maintenance.  Accordingly, the Pawtucket Fire Marshal’s office has no objection to this relief.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain egress routes through the kitchens and bedrooms of this facility.  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.  It is the understanding of the Board that the fire escape system is in good repair and that the windows accessing the fire escape system are of proper size.  Finally, the Board grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the existing construction of the cited corridor walls and ceilings within this facility.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to provide a 5/8” fire shield over the cited front stairway openings at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.  The above fire shield shall be installed within 120 days of the date of this decision.  The Board further grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing front stairs without increased handrails.  In granting this variance, the Board directs the Applicant to provide handrails on any other stairs at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 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 cited doors of this facility.  The Board further grants a variance from the above provisions in order to maintain the existing door jambs 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 within 120 days of the date of this decision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by removing all of the combustibles from the cellar of this facility.
	
6.  The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA Standard 10, 1988 edition, in order to grant the Applicant an option of either complying with NFPA Standard 10 or providing each of the apartment units and the basement of this facility with approved fire extinguishers.  In any event, the Applicant is hereby directed to install fire extinguishers within fifteen (15) days of the date of this decision.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by installing the necessary handrails for apartment #4.
	
8.  The Board hereby grants the Applicant a variance for boiler enclosure conditioned upon the Applicant’s providing a single domestically supplied sprinkler head over the boiler with a remote shut-off switch for the boiler.  The above work shall be completed within 120 days of the date of this decision.  In granting the above variances, it is the understanding of the Board that the Applicant has a working fire alarm system, emergency lights and exit signs.  The Board hereby directs the Applicant to maintain the above systems as required systems as a condition of the variances granted for this facility.

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)].