The above-captioned case was scheduled for hearing on April 8, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Richard, Burlingame, Evans, Filippi 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 Newbrook and seconded by Commissioner Burlingame 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 a March 30, 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 April 8, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 30, 2001 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 system of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Applicant has provided this facility with an approved fire alarm system to the satisfaction of the Pawtucket Fire Marshal’s office.
	
2.  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain access to the interior stairways through the kitchens of this facility.  The Board further grants a variance from the above provisions in order to allow the Applicant to provide the egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors should be further equipped with UL listed spring loaded hinges installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 30 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 construction and rating of the cited stairways within this facility.  In granting this variance, the Board notes that the Applicant has provided an approved Class “A” finish over the paneling within the stairways at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
4(a).  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 exit doors within this facility.  In granting this variance, it is the understanding of the Board that the Pawtucket Fire Marshal’s office has no objection. 
	
4(b).  It is the understanding of the Board that the Applicant has corrected deficiency 4(b) by providing the cited doors with approved UL listed spring hinges installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing approved fire stopping at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.  When the Pawtucket Fire Marshal’s office is satisfied that the Applicant has corrected this deficiency to the best of her ability, the Board shall also be satisfied.
	
6.  As a condition of the variances granted herein, the Board hereby directs that the recently installed exit signs shall be designated a required system for the purposes of maintenance.
	
7.  As a condition of the variances granted herein, the Board directs that the recently installed emergency lighting shall be designated a required system for the purposes of maintenance.
	
8.  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 to provide each of the apartment units of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 30 days of the date of this Decision.
	
9.  As a condition of the variances granted herein, the Board hereby designates the recently installed fire alarm system in this facility as a required system for the purposes of maintenance.
	
10.  The Board hereby directs the Applicant to provide a remote switch on each of the boilers within this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
11.  The Board hereby directs the Applicant to provide the fire escapes of this facility with approved complying windows installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 30 days of the date of this decision.

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)].