The above-captioned case was scheduled for hearing on March 20, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Newbrook, Coutu, O’Connell, Evans, Wahlberg, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeff Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu 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 30, 2000 inspection report complied 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 20, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the November 30, 2000 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 system of this facility as modified herein.  In granting this variance, the Board notes that the Applicant has provided this facility with approved exit signs, emergency lighting and a local fire alarm system.

2(a). The Board hereby grants a variance from the provisions of section 23-28.16-3(a) in order to allow the Applicant to maintain access to the interior stairways through the kitchens of this facility.

2(b). The Board hereby grants a variance from the provisions of section 23-28.16-3(d) in order to allow the Applicant to maintain solid core wood doors, equipped with spring-loaded hinges, in the existing stairway door jambs of this facility.  In granting this variance, it is the understanding of the Board that the above doors are currently installed.

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 rating of the stairway walls and winding nature of the stairway trends within this facility.  In granting this variance, it is the understanding of the Board that the Applicant has provided the cited wainscoting with an approved Class-A finish.

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 exit 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 cited stairway doors with approved spring-loaded hinges.  In granting this variance, it is the understanding of the Board that the Applicant has provided the cited doors with spring loaded hinges.

5. The Board notes that the Applicant has provided this facility with approved exit signs.

6. The Board notes that the Applicant has provided this facility with approved emergency lighting.	

7. The Board notes that the Applicant has provided this facility with approved fire alarm system, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal and Fire Alarm Superintendent.

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)].

This decision was mailed on 4-13-01.