The above-captioned case was scheduled for hearing on March 18, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, O’Connell, Coutu, Filippi and Burlingame 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 Wahlberg 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 July 31, 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 March 18, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 31, 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 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.
	
2(a).  During the March 18, 2003 hearing on this matter, the Board was advised that the Applicant maintained a town house-style apartment with an internal stairway between the basement and first floor of this facility.  Should the applicant choose to exit the apartment on the basement level, the occupant would be required to pass by a boiler/laundry room area.  In order to reduce the hazard in this area, the Board directs the Applicant to properly encase the boiler with an approved one-hour enclosure at the direction and to the satisfaction of the Pawtucket Fire Marshal and to further provide approved, properly engineered domestic sprinkler coverage over the boiler and laundry room area at the direction and to the satisfaction of the Pawtucket Fire Marshal.  Finally, the Applicant shall be allowed to maintain the existing door swing in this area.
	
2(b).  The Board hereby directs the Applicant to correct deficiency 2(b) by increasing the size of the cited windows which are utilized to access the fire escape system of this facility.
	
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 cited rating of the vertical and horizontal egress within this facility.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved fire alarm system 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 door width within this facility and to further provide the existing egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring loaded hinges and be 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 Group Type A externally illuminated exit signage at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
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 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 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 local 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.

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 6-24-03.