The above-captioned case was scheduled for hearing on October 2, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O’Connell, Filippi, Burlingame, Richard and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffery Johnson of the Pawtucket Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the October 2, 2001 hearing on this matter, the Board was advised that the Applicant sought additional time in which to comply with the decision issued in file number 980025.  Accordingly, the Board hereby adopts its original findings of fact in file number 980025 as its findings of fact in this case.  Any modification of the Board's findings, such as correction of deficiency by Applicant, shall be noted herein. The Applicant further advised the Board that the tenant within this facility had refused to allow him access in order to install the fire alarm system.  The Applicant also advised the Board that he sought clarification of the fire escape component of the decision.  Finally, it is the understanding, and direction, of the Board that the bar room portion of this facility will not be occupied until all fire safety renovations have been completed.
	
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 time variance, of 120 days from the date of this decision, in order to allow the Applicant to complete all of the remaining items listed in the Board's decision in file number 980025.  As a condition of this variance, the Board hereby directs the Applicant to provide the apartment egress system of this facility with an approved, engineered system of domestically-supplied sprinkler heads, and a backflow protector, installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.  By way of clarification, the Board directs the Applicant to further provide this facility with two fire escape ladders maintaining an 8 foot lead to ground.  The above ladders shall each service two apartments and be accessed by steel grating over the combustible roof.  Finally, the fire escape grating and ladders shall be installed at the direction and to the satisfaction of the Pawtucket Fire Marshal within 120 days of the date of this decision.  As a final condition of this variance, the Applicant shall not occupy the bar area until he is in compliance with the above conditions and the mandates of the Board’s decision in file number 980025.

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)].