The above-captioned case was scheduled for hearing on July 15, 2003 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Pearson, Newbrook, Burlingame, Coutu, 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 Pearson 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 November 15, 2002 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 July 15, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the November 15, 2002 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 rating of the cited egress system stairways and corridors throughout this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Pawtucket Fire Marshal’s office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item 8 below.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing egress system of this facility in conjunction with a new approved fire escape for the second floor front apartment number 3.  The new fire escape shall consist of a new approved steel platform and ladder exiting the bedroom of unit 3 on the second floor of this facility.  In granting this relief, the Board directs the Applicant to remove all locks and locking devices on the bedroom doors servicing the new platform and ladder fire escape system.  The Board hereby grants the Applicant a time variance of 120 days of the date of this Decision in order to provide this facility with the new platform and ladder fire escape 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 some of the exits of this facility through kitchens and bedrooms on the basis of structural hardship.  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.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing ceiling height on the front stairs between the second and third floors.  In granting this variance, the Board notes that the current ceiling height is approximately 6’4” and that the Pawtucket Fire Marshal’s office has no objection on the basis of structural hardship.
	
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 winding stairs within this facility.  This variance is granted on the basis of structural hardship.  The Board directs the Applicant to correct the remainder of deficiency 3 by providing the cited stairways with two approved handrails at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office 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 provide the existing apartment door and egress system jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty minutes.  The above doors shall be further equipped with spring loaded hinges and installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.  The Board hereby grants a variance from the above provisions in order to allow the Applicant to maintain the existing swing of the egress doors and to further maintain the cited third floor apartment door at less than 32” in width.  This variance is based on structural hardship in the absence of an objection by the Pawtucket Fire Marshal’s office.
	
5.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this Decision.
	
6.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this Decision.
	
7.  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 have the option of providing 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’s office.  It is the understanding of the Board that the Applicant has corrected this deficiency and has provided each of the apartment units with approved extinguishing equipment.
	
8.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this Decision.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by removing the heavy fire load within the basement of this facility.  The Board hereby directs the Applicant to maintain the basement in a clean condition and to eliminate the storage of any combustibles in the future.
	
10.  It is the understanding of the Board that the Applicant has removed the boiler from this facility.
	
11.  The Board hereby directs the Applicant, as a condition of the variances granted herein, to upgrade and repair any fire escape systems within this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 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)].

Decision mailed on 9-11-03.