The above captioned case was scheduled for hearing on March 26, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Richard, Newbrook, and Evans were present. The fire service was represented by Assistant Deputy State Fire Marshal Edward Donahue of the Providence 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.

FINDING OF FACT

The numbers of the Decision below correspond with those of a January 29, 2002 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 March 26, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the January 29, 2002 plan review report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	A.  The Board hereby grants a variance from the provisions of Section 1-7.2 in order to allow the Applicant to maintain the existing horsehair construction walls within the interior stairways of this facility.  The Board hereby directs the Applicant to provide the Providence Fire Marshal’s Office with the dimensional details of the interior stairway along with the details for the handrail within this facility.  In granting the above variance, it is the understanding of the Board that a municipally connected fire alarm system and sprinkler system protect this facility.

B.  It is the understanding of the Board that the Applicant shall correct deficiency #lB, at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

2.	A.  The Board hereby grants a variance from the provisions of Section 4-3.l in order to allow the Applicant to maintain one (l) means of egress from basement unit #3.  In granting this variance, it is the understanding and direction of the Board that basement unit #3 shall not be occupied and shall be utilized only for storage and kitchen preparation.

B.  It is the understanding of the Board that the Applicant shall correct deficiency #2B dealing with apartment #l, by providing an approved new egress stairs to service apartment #l, at the direction and to the satisfaction of the Providence Fire Marshal’s Office.  The Board hereby grants a variance from the provisions of Section 4-3.l in order to allow the Applicant to maintain window access to an approved fire escape as a second means of egress from apartment #3.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from those bedrooms or other interior apartment doors providing access to the fire escape system of this facility.  In granting this variance, it is the further understanding of the Board that the fire escape is in good condition and that the window is of appropriate size.

3.	A.  The Board hereby grants a variance from the provisions of Section 5-l.3.2.l in order to allow the Applicant to maintain the cited rating and dimension and dimension of the existing interior stairs of this facility.  The Board further grants a variance in order to allow the Applicant to not to maintain separation for the cited stairs and to further allow for the stair to discharge to a steel walkway at the roof level of the proposed kitchen addition.  In granting the above variances, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection in light of the fact that this facility is fully sprinkled and protected by a municipally connected fire alarm system.

B.  For the reasons outlined above, the Board hereby grants a variance from the provisions of Section 5-l.3.2.l in order to allow the Applicant to maintain the existing construction and rating of the cited interior stairway.

4.	The Board hereby grants a variance from the provisions of Sections 18-2.4 and 5-5.l.2 in order to allow the Applicant to maintain the egress system through the bedrooms of this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the cited bedrooms.  It is the further understanding that the Applicant is providing doorway access to the steel walkway cited above.

5.	It is the understanding of the Board that the Applicant shall correct deficiency #5, at the direction and to the satisfaction of the Providence Fire Marshal’s Office.  The Board hereby grants the Applicant a time variance of one hundred and twenty (l20) days from the date of this Decision in order to completely comply with this Decision.

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)]