The above-captioned case was scheduled for hearing on May 13, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Blackburn abstaining.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with a revised letter dated March 27, 2008 from the Applicant to the Board outlining the requested variances.  This letter was generated pursuant to a January 24, 2008 plan review approval report compiled by the Providence Fire Marshals Office.  Both the January 24, 2008 plan review approval and the Applicants revised March 27, 2008 variance request letter were utilized by the Board, the Applicant and the Providence Fire Marshals Office during the May 13, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the January 24, 2008 plan review approval report and the Applicants variance request letter as revised on March 27, 2008 as its initial findings of fact.  Any modification of the Boards 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 7.2.2.2.1(b) and 7.1.7.2.2 in order to allow the Applicant to maintain the existing dimensions of stair 1 and the basement stairs between the dining room and kitchen.  The above variance is based upon structural hardship and the fact that the Applicant has provided a newer, fully compliant stairs within this facility.  As a condition of the above relief, the Board directs that the basement shall only be utilized for mechanical services and that the Applicant shall patch any holes in the basement ceiling at the direction and to the satisfaction of the Providence Fire Marshal's office.  Finally, the Board directs the Applicant to remove the washing machine from this area at the direction and to the satisfaction of the Providence Fire Marshal's office.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing winding stairs in stairway 1 for the reasons outlined above.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing handrails in stairway 1 for reasons outlined above.
	4.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing exit enclosure within this facility as repaired, at the direction and to the satisfaction of the Providence Fire Marshal's office.  In addition, as a condition of this variance, the Board directs that the doors leading into this enclosure must maintain working self-closers and be kept closed at all times.
	5.  The Board hereby grants a variance from the provisions of sections 30.5.2.1 and 9.2.1 along with NFPA 90A and 90B in order to allow the Applicant to maintain the existing HVAC system which has not been moved or modified.  As a condition of this variance, the Board directs the Applicant to provide a remote switch for this system, at the direction and to the satisfaction of the Providence Fire Marshal's office and to further allow direct access to this system from the outside.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by sealing off the unprotected openings in the basement.
	7.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing fire alarm panel (placed in service in 2002).  As a condition of this relief, the Applicant is directed to properly zone the sprinkler system of this facility, at the direction, to the satisfaction and within a timetable established by the Providence Fire Marshal's office.  All corrections shall be made to this facility prior to re-occupancy.

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 Applicants 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 Boards 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 Boards 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)].