The above captioned case was scheduled for hearing on October 16, 2001 at l:00 p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Pearson, Coutu, Burlingame, Filippi, Newbrook, Evans and O’Connell.  The fire service was represented by Assistant Deputy State Fire Marshal Charles Lawrence of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Evans 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 December 27, 2000 inspection 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 October 16, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the December 27, 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the interior egress system of this facility as modified herein.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the fire escape of this facility once it has been repaired, at the direction and to the satisfaction of  the Providence Fire Marshal’s Office.  The Board further grants a variance from the above provisions in order to allow the Applicant to access the above fire escape through bedroom windows provided the Applicant remove all locks and locking devices from the bedroom doors servicing fire escape access.  Finally, the Board directs the Applicant to provide the wood wainscoting staircase with an approved Class “A” finish, at the direction and to the satisfaction of the Providence Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.  Finally, this variance is conditioned upon the Applicant’s providing 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.l6-2(f) in order to allow the Applicant to maintain the existing rating of the cited corridor wall of this facility.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing rating of the cited staircase within this facility.

4.	It is the understanding of the Board that the Applicant has corrected deficiency #4, at the direction and to the satisfaction of the Providence Fire Marshal by reswinging the cited exterior door.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-2(b) in order to allow the Applicant to provide the cited doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

6.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to provide the existing door jambs of the egress system of this facility with approved solid core or steel doors maintaining an approximate fire rating of twenty (20) minutes, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

7.	It is the understanding of the Board that the Applicant has corrected deficiency #7, at the direction and to the satisfaction of the Providence Fire Marshal.

8.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system and smoke detection system, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

9.	The Board hereby directs the Applicant, as a condition of the variances granted herein, to protect the boiler and hot water heaters of this facility with approved domestically supplied sprinkler heads, installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of 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)]