The above captioned case was scheduled for hearing on March 12, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, and Filippi 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 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 February l3, 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 during the March 12,2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February l3, 2002 inspection 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.	The Board hereby directs the Applicant to correct deficiency #l, at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy of this facility.

2.	The Board hereby grants a variance from the provisions of Life Safety Code Section 18-2.4 in order to maintain the existing cited egress.  In granting this variance, it is the understanding of the Board that the egress system of this facility shall be sprinklered and that this facility shall be fully alarmed.

3.	The Board hereby directs the Applicant to correct deficiencies #3A & B at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy of this facility.

4.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 18-2.5.l and 5-2.2.4.5 in order to allow the Applicant to maintain the existing ornate rails and to install second handrails at the same height of approximately thirty (30”) inches.  The second handrail shall be installed prior to occupancy.

5.	The Board hereby directs the Applicant to correct deficiency #5, at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy of this facility.

6.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 18-2.5.l and 5-5.l.3 in order to allow the Applicant to maintain the existing remoteness of the cited exit doors in deficiencies #6A,B,C,D and E.  In granting this variance on the basis of structural hardship, the Board notes that this facility shall maintain sprinkler and fire alarm coverage.

7-11.  The Board hereby directs the Applicant to correct deficiencies #7,8,9,l0 and  11, at the direction and to the satisfaction of the Providence Fire Marshal, before   occupancy.

12.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 18-3.5.1 in order to allow the Applicant to maintain sprinkler coverage of the egress system of this facility.  In granting this variance, it is the understanding of the Board that each apartment unit of this facility is maintained with a two-(2) hour fire separation.

13.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 18-3.5.2 in order to allow the Applicant to maintain the existing egress system sprinkler coverage.

14.	The Board hereby directs the Applicant to correct deficiency #14, at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy of this facility. 

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)]