The above-captioned case was scheduled for hearing on April 1, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Newbrook, Richard, Coutu, Filippi, Burlingame, O’Connell and Evans 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 and seconded 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, the Applicant and the Pawtucket Fire Marshal’s office during the April 1, 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
	
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 pine paneling in the front hallway of this facility.  In granting this variance, the Board directs the Applicant to provide the cited pine paneling and other wood surfaces with an approved Class “A” finish installed at the direction and to the satisfaction of the Pawtucket Fire Marshal’s office, within 90 days of the date of this Decision.
	
2(a).  The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain egress through the kitchens of the apartment units of this facility.  This variance is based on structural hardship in the absence of an objection by the Pawtucket Fire Marshal’s office.
	
2(b).  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 dimensions of the stairway accessing the basement apartment of this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the Pawtucket Fire Marshal’s office.
	
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 dimensions and winding stairs within the basement and rear stairways of this facility.  This variance is also granted on the basis of structural hardship in the absence of an objection by the Pawtucket Fire Marshal and in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.
	
4(a).  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 doors within this facility.
	
4(b).  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 apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty minutes.  The above doors should be further equipped with spring loaded hinges and installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 90 days of the date of this Decision.
	
4(c).  The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to provide the boiler room door jamb within this facility with an approved solid core wood door maintaining an approximate fire rating of twenty minutes.  The above door shall be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 90 days of the date of this Decision.
	
4(d).  See items 4(b) and 4(c) above.
	
4(e).  The Board hereby directs the Applicant to correct deficiency 4(e) by providing the cited oil tank area with a door approved by the Pawtucket Fire Marshal within 90 days of the date of this Decision.
	
4(f).  The Board hereby grants a variance from the enclosure provisions of the Code in order to allow the Applicant to maintain the existing enclosure of the boiler.  However, as a condition of this variance, the Board directs the Applicant to provide the boiler with an approved domestic sprinkler head, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 90 days of the date of this decision.
	
5.  It is the understanding of the Board that deficiency #5 is grandfathered and not being requested by the Pawtucket Fire Marshal.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 90 days of the date of this Decision.
	
7.  The Board hereby grants the Applicant an optional 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.  In any event, the Applicant is directed to provide this facility with approved fire extinguishers within fifteen days of the date of this Decision.
	
8.  During the April 1, 2003 hearing on this matter, the Board was advised that the Applicant has provided this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Pawtucket Fire Marshal and Superintendent of Fire Alarm.  Accordingly, as a condition of the variances granted herein, the Board hereby designates the recently installed fire alarm system as a required system for the purposes of maintenance.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency #9 by removing the cited combustible products being stored in the corridors and under the stairways and in the mechanical rooms 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 7-17-03.