The above-captioned case was scheduled for hearing on July 8, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Preiss, Wahlberg, Richard, Burlingame, Pearson, Filippi, Coutu and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshal’s Office and Deputy State Fire Marshal David Curran of the State Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Wahlberg 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 15, 2003 inspection report compiled by the State and Pawtucket Fire Marshal’s Office.  The above report was utilized by an on-site committee of the Board in conjunction with the Applicant, the Pawtucket Fire Marshal and the State Fire Marshal’s office on July 8, 2003.  Accordingly, the Board hereby incorporates the April 15, 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.  It is the understanding of the Board that deficiency #1 is informational in nature and not a violation of the State Fire Code.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by repairing the cited door and providing it with an approved self-closing device installed at the direction and to the satisfaction of the State and Pawtucket Fire Marshal’s office within thirty days of the date of this decision.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 as it relates to the repair of the exhaust hood, at the direction and to the satisfaction of the State and Pawtucket Fire Marshals within thirty days of the date of this decision.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 to the satisfaction of the State and Pawtucket Fire Marshals.
	
7(a).  It is the understanding of the Board that the Applicant has corrected deficiency #7(a) by removing the cited curtains and other cloth-type decorations.
	
7(b).  The Board hereby grants the Applicant a time variance of thirty days from the date of this Decision in order to corrected deficiency #7(b) at the direction and to the satisfaction of the State and Pawtucket Fire Marshals offices.
	
8(a).  The Board hereby directs the Applicant to correct deficiency #8(a) by removing the cited door from the basement to the exterior and lowering the grade under the door to that consistent with the floor grade of the basement.  The Board thereupon directs the Applicant to replace the cited door with an approved door swinging in the direction of egress travel equipped with panic hardware and closures and installed at the direction and to the satisfaction of the State and Pawtucket Fire Marshals offices.  The Board hereby grants a variance as to the height of the newly installed door provided the State and Pawtucket Fire Marshal’s offices are satisfied that the Applicant has utilized his best efforts in maximizing the height of this emergency exit door.  Finally, the Applicant is given a sixty day time variance in which to make the above corrections.
	
8(b).  It is the understanding of the Board that the second floor of this facility shall be utilized as office space with a maximum occupancy of two to three people at any time and that the third floor of this facility shall be utilized as an apartment by a single tenant.  It is the further understanding of the Board that the Applicant has removed all locks on the cited doors leading to the egress system and that the Applicant shall work with the Pawtucket and State Fire Marshal’s offices in correcting outstanding deficiencies in the egress system such a providing the front stair tower with an approved hand rail installed at the direction and to the satisfaction of the Pawtucket Fire Marshal.  Finally, it is the understanding and direction of the Board that the Applicant shall improve the egress from the second and third floors of this facility by providing these levels with an emergency fire escape system installed at the direction and to the satisfaction of the State and Pawtucket Fire Marshal’s offices as outlined below.
	
9.  The Board hereby directs the Applicant to seal off the second floor rear stairs with an approved solid core door and sheetrock assembly at the direction and to the satisfaction of the State and Pawtucket Fire Marshal’s offices.  The Board further directs the Applicant to develop a plan of action for a new fire escape system for this facility with sixty days of the date of this decision.  The Board further directs the Applicant to implement the plan, once approved by the State and Pawtucket Fire Marshal, within one hundred twenty days of the date of this decision.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency #10.
	
11.  The Board hereby grants a variance from the provision of section 23-28.17-3.  Please see item #9 above.
	
12.  It is the understanding of the Board that the Applicant has corrected deficiency #12.
	
13.  It is the understanding of the Board that the Applicant has corrected that portion of deficiency #13 by repairing the numerous holes in the plaster walls.  The Board hereby directs the Applicant to provide the cited front stairway with an approved handrail installed at the direction and to the satisfaction of the State and Pawtucket Fire Marshals within sixty days of the date of this decision.  In light of the above, the Board hereby grants the Applicant a variance from the provisions of section 23-28.17-4 in order to maintain the existing rating of the stairway walls and ceiling.
	
14.  The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing winding stairs within this facility.  This variance is based on structural hardship.  In granting this variance, the Board further directs the Applicant as a condition thereof, to provide additional heat and smoke detectors throughout this facility at the direction and to the satisfaction of the State and Pawtucket Fire Marshals within 120 days of the date of this decision.
	
15.  The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing dimension of the cited risers in the rear stairway and the existing width at the base of the front stairway within this facility.  These variances are based on structural hardship.
	
16.  The Board hereby directs the Applicant to correct deficiency #16 by providing this facility with a new fire escape exit.  See item #9 above.  The Board further directs the Applicant to provide a door at the bottom of the rear stairway as outlined above in order to provide an approved smoke barrier at the direction and to the satisfaction of the State and Pawtucket Fire Marshal’s office.
	
17.  The Board hereby directs the Applicant to correct deficiency #17 by providing the cited front stairway with an approved handrail as outlined above.
	
18.  It is the understanding of the Board that the Applicant has corrected deficiency #18.
	
19.  The Board hereby directs the Applicant to correct deficiency #19 at the direction and to the satisfaction of the State and Pawtucket Fire Marshal within sixty days of the date of this decision.
	
20.  The Board hereby directs the Applicant to correct deficiency #20 at the direction and to the satisfaction of the State and Pawtucket Fire Marshal, as outlined above, within sixty days of the date of this decision.
	
21.  It is the understanding of the Board that the Applicant has corrected deficiency #21.
	
22.  It is the understanding of the Board that the Applicant has corrected deficiency #22.
	
23.  The Board hereby directs the Applicant to enclose the cited boiler with a single layer of 5/8 inch sheetrock and a solid core door installed at the direction and to the satisfaction of the State and Pawtucket Fire Marshal’s office.  The above enclosure shall be provided with approved make-up air and ventilation at the direction and to the satisfaction of the Pawtucket Mechanical Inspector.  The Board hereby grants a variance on the swing of the boiler room door to be installed by the Applicant.  Finally, in light of the limited enclosure, the Board hereby directs the Applicant to provide the cited furnace area with an approved domestic sprinkler head installed at the direction and to the satisfaction of the State and Pawtucket Fire Marshal’s office within sixty days of the date of this decision.
	
24.  The Board hereby directs the Applicant to correct deficiency #24 by properly venting the cited ovens by extending the ductwork at the direction and to the satisfaction of the State and Pawtucket Fire Marshal or by removing the cited ovens.  The Board further directs the Applicant to extend the heat shield above the cited ovens, if the ovens are to remain, at the direction and to the satisfaction of the State and Pawtucket Fire Marshal’s office.  The Applicant is hereby given a time variance of 120 days to accomplish this project.  The Applicant shall provide the State and Pawtucket Fire Marshal with an approved plan of action within 60 days of the date of this decision, and the Applicant shall implement this plan of action within the remaining days of the 120-day deadline.
	
25.  It is the understanding of the Board that the Applicant has corrected deficiency #25 at the direction and to the satisfaction of the State and Pawtucket Fire Marshal.
	
26.  It is the understanding of the Board that the Applicant has corrected deficiency #26 at the direction and to the satisfaction of the State and Pawtucket Fire Marshal.
	
27.  It is the understanding of the Board that the Applicant has corrected deficiency #27 at the direction and to the satisfaction of the State and Pawtucket Fire Marshal.
	
28.  Provided the Applicant complies in a timely manner with the above decision, the Board hereby waives any accumulated fines and penalties in this case.  The Board further notes that the above plan of action represents a bare minimum of the fire safety requirements for this facility.  The Applicant is encouraged to work with the State and Pawtucket Fire Marshal’s offices in developing a more comprehensive plan for the fire safety of this facility.  Finally, the Board notes that additional fire safety requirements may be mandated for this facility with the passage of the new fire codes in Rhode Island.

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)].