The above-captioned case was scheduled for hearing on April 22, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, O’Connell, Coutu, Burlingame, Newbrook and Filippi were present.  A motion was made by Commissioner Burlingame and seconded by Commissioner Preiss 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 an August 30, 2002 inspection report compiled by the Pawtucket Fire Marshal’s Office.  The above report was utilized by the Board and the Applicant during the April 22, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the August 30, 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
	
1a.  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.  This variance would allow for the use of windows as egress at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
1b.  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 corridor walls within this facility and to maintain the existing wainscoting.  In granting this variance, the Board directs the Applicant to provide the existing wainscoting with an approved class “A” finish.  Finally, it is the understanding of the Board that the Applicant has provided this entire facility with an approved fire alarm system and that the Pawtucket Fire Marshal’s office has no objection on this basis.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to utilize egress routes through kitchens 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 winding stairways within 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.
	
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 swing 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 installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office within sixty (60) days of the date of this decision.
	
4. (second item 4)  It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing this facility with approved exit signage installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office.
	
6.  The Board hereby directs the Applicant to provide this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Pawtucket Fire Marshal.  The Board hereby grants a variance from the provision of NFPA Standard 10, 1988 edition in order to allow the Applicant to provide these fire extinguishers in each apartment unit at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Pawtucket Fire Marshal.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by removing the cited gas propane grills from the combustible covered porches of this facility.  The Board further directs the Applicant to maintain the combustible poches free of the propane grills.

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 9-05-03.