The above-captioned case was scheduled for hearing on August 12, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Burlingame, Pearson, O’Connell and Coutu 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 Preiss 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 22, 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 August 12, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the November 22, 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 23-28.16-3 in order to allow the Applicant to maintain the existing routes through the kitchens of this facility.  This variance is granted on the basis of structural hardship and in light of the Applicant’s providing this facility with an approved local fire alarm system.  
	
2.  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 winding nature of the cited stairways.  The Board further grants a variance in order to allow the Applicant to maintain the wainscoting in the rear stairs.  However, as a condition of this variance, the Board directs the Applicant to provide the cited wainscoting with an approved class “A” paint, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.
	
3.  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 doors leading to the exterior of this facility.  The Board further grants a variance from the provisions of section 23-28.16-6 in order to allow the Applicant to maintain approved solid core wood doors in the existing egress system door jambs of this facility.  In granting this variance, the Board notes that the Applicant has also provided the above replacement doors with approved spring loaded hinges installed at the direction and to the satisfaction of  the Pawtucket Fire Marshal’s office.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing this facility with approved exit signage.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing this facility with approved emergency lighting.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing this facility with approved fire extinguishers.  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 fire extinguishers to remain in each of the apartment units of this facility.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with an approved local fire alarm system.  As a condition of the variances granted herein, the Board directs the Applicant to maintain the above fire alarm system as a required system.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by removing the cited combustibles from the storage areas of the basement.
	
9.  It is the understanding of the Board that the Applicant has provided the central heating plants of this facility with approved remote shut-off switches to the satisfaction of the Pawtucket Fire Marshal.

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 12-10-03.