The above captioned case was reviewed by a subcommittee of the Board on February l2, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Coutu, Fang, and Filippi were present. The fire service was represented by Assistant Deputy State Fire Marshal David Vartian of the North Providence Fire Marshal’s Office.  A motion was made by Commissioner Fang and seconded by Commissioner Coutu to recommend that the Applicant be granted the relief as outlined herein.

	Subsequently, this matter was reviewed by the full Board on February l9, 2002.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Newbrook, Fang, Filippi, O’Connell and Burlingame were present.  A motion was thereupon made by Commissioner Burlingame and seconded by Commissioner Fang to approve the subcommittee’s recommendation as outlined herein.  The motion was unanimous.

FINDING OF FACT

During the February l2, 2002 subcommittee hearing on this matter, the Board was advised and finds that the Applicant is in the process of renovating six (6) apartment units.  It is the further understanding and finding of the Board that the building shall be provided with an approved NFPA l3R sprinkler system and municipally connected fire alarm system.  Finally, the Applicant was seeking variances to maintain the existing dimensions of an egress stair, a variance to utilize a single layer of 5/8” fire rated sheet rock on all ceilings, and a variance to maintain the existing configuration and rating of the backboard of an electric/telephone service unit.  The North Providence Fire Marshal appeared and had no objection to the requested relief in light of the municipally connected fire alarm system and the NFPA l3R sprinkler system.

	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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimension of the cited existing stairs, treads and risers within this facility.  This variance is based on structural hardship and in the absence of an objection by the North Providence Fire Marshal.

2.	The Board hereby grants a variance in order to allow the Applicant to provide the cited ceilings of this facility with an approved layer of 5/8” fire rated sheet rock.  The above sheet rock shall be installed at the direction and to the satisfaction of the North Providence Fire Marshal.

3.	The Board hereby grants a variance in order to allow the Applicant to not provide a layer of 5/8” sheet rock behind the electric/telephone service backboard within this facility. In granting this variance, the Board notes that the current backboard is ¾” plywood mounted on a 2 x 4 stud wall adjacent to a stairway which itself is finished with two (2) layers of 5/8” sheet rock.  In granting this variance, the Board directs the Applicant to paint the exposed portion of the plywood with an approved Class “A” finish, at the direction and to the satisfaction of the North Providence Fire Marshal’s Office.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]