The above-captioned case was originally scheduled for hearing on October 5, 2010 at 1:00 P.M.  At that time, the Applicant was directed to work with the Providence Fire Marshals Office to develop a plan of action for the correction of the deficiencies in this facility.  The case was thereupon re-scheduled for hearing on November 30, 2010 at 1:00PM.  At that time, Acting Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro, Pearson, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Paul Doyle of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Blackburn 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 August 26, 2010 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the November 30, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the August 26, 2010 plan review report 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. 
	Specifically, the Board finds that the subject facility is approximately 1,400 square feet in area and is operated as a dormitory.  The Board has been advised and further finds that the facility is three (3) stories in height with an unoccupied basement.  The Board has been advised and finds that the subject facility is not currently sprinkled and that the means of egress are not fully compliant with the code.  The Board was further advised and finds that the there is only one means of egress serving the residents on the third floor of this dormitory and that the Providence Fire Marshals Office is uncomfortable with the above single means of egress in this non-sprinkled building. The Board finds that the Applicant is apparently unable to provide this building with a newly constructed compliant means of egress serving all three levels.  Finally, the Board has been advised by the Applicant that she would need at least a year to provide this facility with approved sprinklers as an alternative to the required egress.
	It is the understanding of the Board that, with the exception of items 1, 2 and 3 of the August 26, 2010 plan review report, all other deficiencies in this facility have been corrected by the Applicant.  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 23-28.1-4(3) of the Rhode Island General Laws. 

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a time variance of one year from the mailing date of this Decision in order to allow the Applicant to correct Deficiency 1 by providing this facility with approved sprinkler coverage and rated doors on the first level of this facility at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board hereby grants the Providence Fire Marshals Office the authority to extend the above deadline for good faith efforts being demonstrated by the Applicant. Accordingly, during the above time period, and any extension provided by the Providence Fire Marshals Office, the Applicant shall be allowed to continue to occupy this facility, in the current manner, as a dormitory. 
2.	The Board hereby grants a variance from the provisions of Section 7.1.3.2.1(1) in order to allow the Applicant to maintain the existing construction and configuration of the cited open stairway connecting the first and second floors conditioned upon the installation of the approved sprinkler system outlined above. 
3.	The Board hereby grants a variance from the provisions of Sections 7.1.3.2.1(1) and 7.1.3.2.1(5) in order to allow the Applicant to develop and implement a plan of action, with the Providence Fire Marshals Office, to protect the egress system by the installation of acceptable rated doors on the first floor of this facility at the direction and to the satisfaction of the Providence Fire Marshals Office.  Once the separation on the first floor is approved by the Fire Marshal, the Applicant shall be granted relief on the construction and configuration of the remaining cited stairway serving the third floor of this facility. This variance is also contingent upon the installation of approved sprinkler coverage as outlined above.
4  6.	It is the understanding of the Board that the Applicant has corrected Deficiencies 4, 5 and 6 to the satisfaction of the Providence Fire Marshals Office.  

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)].