The above-captioned case was scheduled for hearing on November 4, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Filippi and O’Connell were present.  The fire service was represented by Fire Marshal Timothy McLaughlin of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner O’Connell 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 December 10, 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 November 4, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the December 10, 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 from the apartments of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide an approved Class “A” finish on all wood surfaces within the apartment egress system.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to access the fire escape system of this facility through bedroom windows.  In granting this variance, it is the understanding of the Board that the windows are of sufficient size.  Finally, 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 by the occupants.
	
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 dimension of the stairs within this facility.  This variance is based on structural hardship in light of the Applicant’s installation of a fire alarm system.
	
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 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.  Finally, the Board grants a variance from the above provisions in order to allow the Applicant to maintain the existing system door swing within this facility.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved exit signage at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.  The installation of the exit signs are a condition to the variances granted herein.
	
6.  As a further condition of the variances granted herein, the Board 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 NFPA Standard 10, 1988 edition, in order to allow the Applicant to provide each of the apartment units of this facility 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.
	
8.  During the November 4, 2003 hearing on this matter, the Board was advised that the Applicant has provided this facility with an approved fire alarm system.  Accordingly, the Board directs the Applicant to maintain the fire alarm system as a required system for the purposes of maintenance.
	
9.  The Board directs the Applicant to correct deficiency #9 at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.
	
10.  The Board directs the Applicant to correct deficiency #10 by removing and sealing off the window between the second and third floor of this facility at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.
	
11.  The Board hereby directs the Applicant to provide the boilers of this facility with approved remote shut off switches installed at the direction and to the satisfaction of  the Pawtucket Fire Marshal.  If possible, the Applicant may provide the boilers with a single shut off switch.  In any event, the Applicant is directed to provide remote shut off to the boilers within 120 days of the date of this decision at the direction and to the satisfaction of the Pawtucket Fire Marshal and in accordance with the electrical code.

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)].