The above-captioned case was scheduled for hearing on May 8, 2001 at 1:30 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, O’Connell, Richard, Filippi, Burlingame 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.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a November 1, 2000 inspection report complied 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 May 8, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the November 1, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s 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, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1 (a).	The Board hereby grants a variance from the provisions of section 23-28.17-2 in order to allow the Applicant to relocate the basement stairs, at the direction and to the satisfaction of the Providence Fire Marshal, and to maintain this single means of egress from the unoccupied basement of this facility.

1 (b).	The Board hereby grants a variance from the provisions of section 23-28.17-2 in order to allow the Applicant to maintain the existing egress from the living units on the upper floors of this facility.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system as outlined in item 8 below.

2.	The Board hereby grants a variance from the provisions of section 23-28.17-3 in order to allow the Applicant to enclose the egress system across the cited flat roof in order to create a single egress passageway from this facility, at the direction and to the satisfaction of the Providence Fire Marshal, within either120 days of the date of this decision or prior to the occupancy of any of the apartment units of this facility, whichever is later.

3(a).	The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing enclosure and segregation of the cited interior stairways of this facility as modified herein.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

3 (b).	The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the cited 18 in. vertical shaft alongside the chimney from the first through the fourth floor of this facility. In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

3(c).	The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the discharge of the basement stairway into the business occupancy. In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

3(d).	The Board hereby directs the Applicant to correct deficiency 3(d) by replacing the cited interior egress stairway from the basement of this facility at the direction and to the satisfaction of the Fire Marshal prior to occupancy of the apartment units or within 120 days of the date of this decision, whichever is later. 

3(e). The Board hereby directs the Applicant to correct deficiency 3(e) by providing the cited stairways with approved handrails installed at the direction and to the satisfaction of the Fire Marshal prior to occupancy of the apartment units or within 120 days of the date of this decision, whichever is later. 

3(f).	The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant maintain the existing cited tread and riser dimensions of the front interior stairway.

4(a).	The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to maintain the existing swing to the cited doors within this facility.

4(b). The Board hereby directs the Applicant to correct deficiency 4(b) by providing the cited doors with approved spring loaded hinges, or other self-closing devices, installed at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of the apartment units or within 120 days of the date of this decision, whichever is later. 

4(c).	The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to either provide the existing apartment door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of 20 minutes or, in the alternative, to provide the cited apartments with 90 minute rated doors in steel door jambs.  The Board hereby directs the Applicant to install his chosen doors at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of any of the apartment units or within 120 days of the date of this decision, whichever is later. 

4(d).	During the May 8, 2001 hearing on this matter, the Board was advised that the Applicant would correct deficiency 4(d) at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of any of the apartment units or within 120 days of the date of this decision, whichever is later. 

4(e). During the May 8, 2001 hearing on this matter, the Board was advised that the Applicant would correct deficiency  4(e) at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of any of the apartment units or within 120 days of the date of this decision, whichever is later.

5.	The Board hereby directs the Applicant to correct deficiency 5, by providing this facility with approved exit signs, installed at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of the apartment units or within 120 days of the date of this decision, whichever is later.

6.	The Board hereby directs the Applicant to correct deficiency 6, by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of the apartment units or within 120 days of the date of this decision, whichever is later.

7.	  The Board hereby directs the Applicant to correct deficiency 7 by providing the restaurant and proposed business occupancy of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal.  The Board hereby grants a variance from the provisions of section 23-28.17-12 and NFPA standard 10, 1988 edition in order to allow the Applicant to provide each of the apartment units with approved fire extinguishers installed to at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of the apartment units or within 15 days of the date of this decision.

8.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal, to or designee, prior to occupancy of the apartment units or within 120 days of the date of this decision, whichever is later.

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 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. ( 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 Board’s 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 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 [R.I.G.L. 42-35-15(c)].