The above-captioned case was scheduled for hearing on June 3, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Preiss, Newbrook, Richard, Wahlberg, Pearson, Coutu, Burlingame and O’Connell 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 Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Coutu.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a February 5, 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 June 3, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the February 5, 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 as modified herein.  As a condition of this variance, it is the understanding and direction of the Board that the Applicant shall provide this facility with an approved new conforming stairway.  It is the further understanding of the Board that the townhouse unit occupying the second and third floors of this facility shall be provided a means of egress on the second level of this facility.  In order to rectify the potential travel distance problem, the Board directs the Applicant to provide approved domestic sprinkler heads in the stairwell from the second to the third floor levels of this facility.
	
2(a).  It is the understanding of the Board that the Applicant has corrected deficiency 2(a) with the addition of the new stairway.
	
2(b).  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to maintain the current width and winding nature of the center stairwell.  As a condition of this variance, the Board directs the Applicant to provide the stairwell with an approved one-hour enclosure.
	
2(c).  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 step downs at the front and side exit doors.  
	
3.  As outlined in item 2(b) above, 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 width and winding nature of the cited central stairway.  This variance is granted on the basis of structural hardship.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by re-swinging the cited doors in the direction of egress travel.
	
5.  It is the understanding of the Board that the stairwell walls in this facility are of an approximate two (2) hour rating.  However, if the Applicant is unable to demonstrate the full rating of the stairways, the Board hereby grants a variance from the provisions of section 23-28.16-7 in order to allow the Applicant to maintain at least a one (1) hour rating of these cited stairways.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with approved fire stopping prior to occupancy.
	
7.  The Board directs the Applicant to correct deficiency #7 by providing approved exit signs at the new exit stairs and the current middle egress stairs, before occupancy.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Pawtucket Fire Marshal before occupancy.
	
9.  The Board hereby grants the Applicant an optional variance from the provisions of sections 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to provide each of the apartment units in the basement of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Pawtucket Fire Marshal or to install the above extinguishers in accordance with NFPA Standard 10, 1988 edition.  The above fire extinguishers shall be installed before occupancy.
	
10.  The Board hereby directs the Applicant to correct deficiency #10 by providing this facility with the originally approved fire alarm system which would allow the Applicant to maintain one horn strobe in each apartment unit or apartment level as originally submitted.  The above fire alarm system shall be fully installed 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)].