The above-captioned case was scheduled for hearing on September 30, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Burlingame, Pearson, 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 Coutu and seconded by Commissioner Newbrook 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 September 30, 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 egress system of this facility as modified herein.  In granting this variance, the Board allows the Applicant to maintain the existing condition and construction of the cited corridor and stairway walls of this facility.  The Board further grants the Applicant relief from the cited travel distance on the basis of structural hardship.  Finally, the Board directs the Applicant to correct the remainder of deficiency #1 by providing the interior stairs with approved smoke proof enclosures, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to egress many of the apartments of this facility through kitchens.  This variance is granted on the basis of structural hardship in the absence of an objection by the Pawtucket Fire Marshal.
	
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 rating and construction of the cited stairways within this facility.  In granting this variance, the Board notes that the Applicant shall provide this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the Pawtucket Fire Marshal as outlined in item #8 below.
	
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 egress doors of this facility and to further provide the existing system egress system door jambs of this facility with approved solid core or steel 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 providing 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.  The Board hereby directs the Applicant to correct deficiency #6 by providing 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 the Applicant an optional variance for the apartments of this facility only, in order to allow the Applicant to provide each of the apartment units with an approved fire extinguisher, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within fifteen (15) days of the date of this decision.  In any event, the Applicant shall provide this entire facility with approved fire extinguishing equipment, to the satisfaction of the Pawtucket Fire Marshal within fifteen (15) days of the date of this decision.
	
8.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved, municipally connected fire alarm system installed at the direction and to the satisfaction of  the Pawtucket Fire Marshal or designee, within 120 days of the date of this decision.
	
9.  It is the understanding of the Board that the Applicant has corrected part of deficiency #9 by removing some of the fire load within this facility.  The Board hereby directs the Applicant to maintain approved exit access at the direction and to the satisfaction of the Pawtucket Fire Marshal within the furniture store.
	
10.  The Board hereby directs the Applicant to correct deficiency #10 by providing an approved domestically supplied sprinkler head over the boilers of this facility and also providing an approved one-hour enclosure separating the boilers with plans initially submitted to the Pawtucket Fire Marshal.  Finally, the Board directs the Applicant to provide the boilers with approved remote shutoff switches also installed at the direction and to the satisfaction of the Pawtucket Fire Marshal.  The Applicant shall have 120 days from the date of this decision in order to make the above corrections to the boiler of 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)].

Decision mailed on 1-14-04.