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 Coutu 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 an October 16, 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 October 16, 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 23-28.17-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.  In granting this variance, the Board directs the Applicant to maintain the basement of this facility as an unoccupied space used only for storage.  The Board further directs the Applicant to replace the undersized windows, accessing the fire escapes of this facility, with approved push-out or equivalent windows, installed at the direction to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.  Finally, the Board directs the Applicant to upgrade the fire escape system of this facility to provide egress from the third floor and across the combustible porches.  The above fire escape upgrade shall be at the direction to the satisfaction of the Pawtucket Fire Marshal and completed within 120 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.17-3 in order to allow the Applicant maintain the existing rating of the egress passageways within this facility.  As a condition of this variance, the Board directs the Applicant to provide the wooden surfaces of the passageways with approved Class-A finish within 120 days of the date of this decision.

3. The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing rating of cited stairways.  In granting this variance, the Board directs the Applicant provide the wooden surfaces of the above stairways with approved class-A finish within 120 days of the date of this decision.

4(a). The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to maintain the existing swing of the backdoor of this facility in granting this variance, it is the understanding of the Board that the Applicant has corrected the swing of the front door of this facility which is used for its employees.  

4(b). The Board hereby grants a variance from the provisions of section 23-28.17-5(b) in order to allow the Applicant to provide the cited stairway doors with approved 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.

5. The Board hereby directs the Applicant to correct deficiency 5, by repairing the cited fire-stopping, at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.17-12 in order to allow the Applicant to provide each of the apartment units, the business and the basement of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal, within 15 days of the date of this decision.

7. The Board hereby grants a variance from the provisions of section 23-28.17-13 in order to allow the Applicant to provide the hazardous area(s) of this facility with an approved limited system of properly engineered, domestically supplied sprinkler heads, installed at the direction to the satisfaction of the Pawtucket Fire Marshal, within 120 days of the date of this decision. The above system may contain up to six sprinkler heads.

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)].

The decision was mailed on 4-13-01.