The above-captioned case was scheduled for hearing on February 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Burlingame, Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the February 8, 2005 hearing on this matter, the Board was advised and finds that this complex consists of four and five units of town houses with one bank of seven.  The Board was further advised and finds that the Applicant plans to maintain a circular drive which would be approximately sixteen feet wide without the sidewalk.  The Board was further advised and finds that the ends of this drive have been opened enough to accommodate the largest fire department apparatus in the City of Providence.  The Applicant has further provided the Board with a fire department truck circulation plan designated as page E-1 of this construction document.  The above plan is hereby incorporated into this decision.  The Providence Fire Marshal’s office appeared and advised the Board that its major concern with this proposal was the possibility of cars being parked in this area.  In response to the Providence Fire Marshal’s concern, the Board was advised and finds that the Applicant shall maintain the sixteen foot wide roadway as a no parking/tow zone.  The Board further finds that the Applicant shall provide signage around the loop at the direction and to the satisfaction of the Providence Fire Marshal and provide the Providence Fire Marshal’s office annually with a contract with a towing company that the Providence Fire Marshal’s office would be able to immediately contact and have any violating cars removed.  The Board further finds that the Applicant will provide 1.5 parking spaces per unit and that most of the units have underground garages for one vehicle.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the proposed sixteen foot wide roadway as a fire department access route to this complex.  In granting this relief, the Board directs the Applicant to provide signage around the loop, at the direction and to the satisfaction of the Providence Fire Marshal’s office, that this is a no-parking/tow zone fire lane.  The Board further directs the Applicant to secure and maintain a contract with an approved towing company which would allow either the Applicant or the Providence Fire Marshal to contact it and have any offending cars immediately removed.  The above contract would further be made part of the condo association’s documents and be maintained as a condition of occupancy.  The Board further directs the Applicant to provide the proposed 1.5 parking spaces per unit and to further provide any additional safeguards deemed necessary by the Providence Fire Marshal’s office prior to occupancy 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)].