The above-captioned case was scheduled for hearing on December 14, 2004, at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu, Pearson and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell  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 8, 2004 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the December 14, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the October 8, 2004 plan review 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants the Applicant a time variance of 120 days to correct deficiency #1 by upgrading the fire alarm system in this facility at the direction and to the satisfaction of the Providence Fire Marshal as deemed necessary by that office.
	
2. The Board hereby grants a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the existing separation of the occupancies in this facility.  In granting this variance, it is the understanding of the Board that the Applicant has a system of domestically supplied sprinkler heads within this facility.  Accordingly, the Applicant is allowed to maintain the current system of domestically supplied sprinkler heads.
	
3. The Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant to maintain the existing unenclosed stairways servicing the residential units of the facility.  This variance is based upon the Applicant’s domestically supplied sprinkler coverage in this area.  The Board further directs the Applicant to patch any holes within the walls of the stairways of this facility.
	
4. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in which to correct deficiency #4 at the direction and to the satisfaction of the Providence Fire Marshal’s Office by providing the minimum clearance levels as outlined in NFPA 54.
	
5. The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved properly located fire extinguishers at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
	
6. The Board hereby grants a variance from the provisions of section 8.3.3.1 in order to allow the Applicant to maintain the existing apartment doorjambs and spring hinges of this facility.  In granting this variance the notes that the Providence Fire Marshal’s Office has no objection in light of the sprinkler and fire alarm system within the residential portion of this facility.

7. The Board hereby grants a variance from the provisions of section 7.2.2.2.1 as it relates to the basement stairs of this facility.  In granting this variance the Board notes that the Applicant has a second stairway to the basement consisting of concrete stairs.  The Board further directs the Applicant to utilize this second stair as a means of escape.
	
8. The Board hereby directs the Applicant to correct deficiency #8 by providing this facility with approved emergency lighting at the direction and to the satisfaction of the Providence Fire Marshal’s Office within 120 days from the date of this decision.
	
9. The Board hereby grants a variance from the provisions of section 31.2.4.2 in order to allow the Applicant to utilize the existing fire escape system of this facility.  In granting this variance, the Board directs the Applicant to remove all obstructions such as air conditioning units from the fire escape system within 120 days from the date of this decision.
	
10. The Board hereby directs the Applicant to correct deficiency #10 by moving the dumpster to a location more than ten (10) feet from the egress doors, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days from the date of this decision.
	
11. The Board hereby directs the Applicant to correct deficiency #11 by modifying the cited dryer vent at the direction and to the satisfaction of the Providence Fire Marshal’s Office within 120 days from the date of this decision.
	
12. During the December 14, 2004 hearing on this matter, the Board was advised that the restaurant within this facility was the Vegan Restaurant that does not cook or service meats or dairy products.  The Board was further advised that the cook top range in this facility was electromagnetic and there was no open flame.  Finally, the Board was advised that the Applicant maintains a small convection oven along with an electric pizza oven in this facility.  In light of the above, the Board finds that the Applicant, in the current occupancy, will not be generating grease-laden vapors.  According, the Board hereby grants a variance from the provisions of section 9.2.3 and NFPA 96 as it relates to the ventilation and suppression system for the cooking appliances in this facility.  However, this variance is based only for the Vegan Restaurant occupancy.  Accordingly, if the occupancy of the restaurant is changed, and the above conditions are altered to produce grease-laden vapors, the Board directs the Applicant to bring the kitchen of this facility into full compliance with NFPA 96 prior to the new occupancy.
	
13. The Board hereby directs the Applicant to correct deficiency #13 by providing approved documentation of the interior finish of this facility within 120 days from the date of this decision.
	
14. It is the understanding of the Board that the Applicant has corrected deficiency #14 by providing the Providence Fire Marshal’s Office with documentation as to the cited furniture of this facility and the fact that this facility has a no smoking policy. Accordingly, the Board hereby grants a variance from the provisions of section 10.3.2 in order to allow the Applicant to maintain the cited large couch and other furniture within this facility.
	
15A through I. The Board hereby directs the Applicant to correct deficiencies 15A, B, C, D, E, F, G, H and I at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
16. The Board hereby directs the Applicant to correct deficiency #16 by removing the cited air conditioners and screens and other obstructions from the fire escape.
	
17. The Board hereby directs the Applicant to correct deficiency #17 by removing the cited obstruction within the egress system of this facility at the direction and to the satisfaction of the Providence Fire Marshal.
	
18. The Board hereby directs the Applicant to correct deficiency #18 as it relates to electrical hazards within this facility.
	
19. The Board hereby grants a variance from the provisions of section 31.1.2.3 in order to allow the Applicant to maintain the existing separation between occupancies of this facility in conjunction with the domestically supplied sprinkler heads within this facility.	
	
20. The Board hereby directs the Applicant to correct deficiency #20 by upgrading and/or repairing the fire escape system of this facility at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
	
21. The Board notes that the Applicant has been allowed to maintain the existing domestically supplied sprinkler system of this facility.
	
22. The Board notes that there is no note listed on the October 8, 2004 plan review report.
	
23 through 26. The Board hereby directs the Applicant to correct the deficiencies 23, 24, 25 and 26, by upgrading the fire alarm system of this facility, at the direction and to the satisfaction of the Providence Fire Marshal’s Office or designee, within 120 days from the date of this decisions.
	
27. The Board hereby directs the Applicant to correct deficiency #27 by bringing this facility into compliance with the fifteen (15) point plan of action as outlined in section 31.1.1.3, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days from the date of this decision.


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)].