The above-captioned case was scheduled for hearing on May 29, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Pearson and Fillippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Pearson 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, in sequence, with those of a May 26, 2001 plan review report complied by the Providence Fire Marshal’s Office. Specifically, item 14 of the plan review report was improperly numbered as a second item 12. Accordingly, the Decision below, from that point forward, reflects the intended numbers in sequence.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the May 29, 2001 hearing on this matter.  

Accordingly, the Board hereby incorporates the May 26, 2001 plan review 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. Subject to the conditions outlined below, the Board hereby grants a variance from the provisions of life safety code sections 18-1.2.2, 8-1.2, 24-1.2 and 26-1.2 in order to allow the Applicant to maintain the proposed third floor apartment units above the assembly, business and mercantile occupancies of this facility.  As a condition of this variance, the Board directs the Applicant to provide this facility with an approved municipally connected fire alarm system, installed in accordance with the provisions of Rhode Island General Law section 23-28.25-4(b), at the direction and to the satisfaction of the Providence Department of Telecommunications, within 90 days of the date of this decision.  In the event the Applicant is unable to completely install this system within the above 90 day period, he shall vacate all of the apartment units within this complex and not to reoccupy those units until the municipally connected fire alarm system is installed and further approved by the Providence Department of Telecommunications.  

As a further condition of this variance, the Board directs the Applicant to upgrade the sprinkler system within this facility in order to provide this entire facility with approved sprinkler coverage complying with the current sprinkler standards of NFPA 13, 1996 edition at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision. (See items 17 and 23 below).

2. During the May 29, 2001 hearing on this matter, the Board was advised that the Applicant would correct deficiency 2 by providing the Providence Fire Marshal with a complete set of shop drawings outlining the methods to the utilized to bring this facility into compliance with life safety code sections 18-2.1.1 and 5-1.3.2.1(b).  Accordingly, the Board hereby directs the Applicant to correct deficiency 2, by providing the Providence Fire Marshal's with the above plans and drawings within thirty days of the date of this decision.

3. The Board hereby directs the Applicant to correct deficiency 3 by providing the cited areas in the stairway exit enclosures with approved 1 1/2 hour rated fire door assemblies and closers installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

4. The Board hereby directs the Applicant to correct deficiency 4 by removing the penetrations into and openings through the stair enclosures of this facility at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

5. The Board hereby directs the Applicant to correct deficiency 5 by removing the electrical room and bathroom from within the stair enclosure of this facility at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.  Specifically, the stair enclosures of this facility shall not be utilized for any other purpose and any alternative use shall be discontinued within 120 days of the date of this decision.

6. The Board hereby directs the Applicant to correct deficiency 6 by providing the Providence Fire Marshal's office with approved documentation demonstrating that the fire rated doors of this facility shall be equipped with approved fire exit hardware.  The above documentation, demonstrating compliance with the provisions of sections 18-2.2.2.1 and 5-2.1.7, shall be submitted to the Providence Fire Marshal within thirty days of the date of this decision.

7. The Board hereby directs the Applicant to correct deficiency 7 by providing the Providence Fire Marshal's office with approved documentation which includes an approved hardware schedule and further demonstrates compliance with the provisions of sections 18-2.2.2.2 and 5-2.1.5.1 at the direction and to the satisfaction of the Providence Fire Marshal within thirty days of the date of this decision.

8. During the May 29, 2001 hearing on this matter, the Board was advised that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the Providence Fire Marshal.

9. During the May 29, 2001 hearing on this matter, the Board was advised the Applicant has corrected deficiency 9 at the direction and to the satisfaction of the Providence Fire Marshal.

10. During the May 29, 2001 hearing on this matter, the Board was advised the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the Providence Fire Marshal.

11. The Board hereby directs the Applicant to correct deficiency 11 by providing the Providence Fire Marshal with approved and complete electrical lighting plans, demonstrating compliance with the provisions of sections 18-2.8 and 18-2.9, at the direction and to the satisfaction of the Providence Fire Marshal within sixty days of the date of this decision.

12. The Board hereby directs the Applicant to correct deficiency 12 by providing the Providence Fire Marshal with approved and complete emergency lighting  plans, demonstrating compliance with the provisions of sections 18-2.9 and 5-9.1.1, at the direction and to the satisfaction of the Providence Fire Marshal within sixty days of the date of this decision.

13. The Board hereby directs the Applicant to correct deficiency 13 by providing the Providence Fire Marshal with approved and complete exit sign plans, demonstrating compliance with the provisions of sections 18-2.10 and 5-10, at the direction and to the satisfaction of the Providence Fire Marshal within sixty days of the date of this decision.

14. The Board hereby directs the Applicant to correct deficiency 14 (originally listed as the second “deficiency 12”) by providing the Providence Fire Marshal with approved and complete mechanical plans, demonstrating compliance with the provisions of sections 18-3.1.1 and 6-2.4, at the direction and to the satisfaction of the Providence Fire Marshal within sixty days of the date of this decision.  The above plans shall further address the Applicant's plan of correction for all non-rated ducts, vertical openings, floor and all other non-compliant penetrations within this facility.

15. The Board hereby directs the Applicant to correct deficiency 15 (originally listed as the second “deficiency 13”) by providing the Providence Fire Marshal with an approved and complete wall and ceiling finish schedule, demonstrating compliance with the provisions of sections 18-3.3.2, at the direction and to the satisfaction of the Providence Fire Marshal within sixty days of the date of this decision.

16. The Board hereby directs the Applicant to correct deficiency 16 (originally listed as “deficiency 14”) by providing the Providence Fire Marshal with approved and complete plans, indicating the grade level at the exit discharge and detailing proper exterior exit discharge, in accordance with the provisions of sections 18-2.1, 5-1.6.1, 5-1.9.2 and 5-1.7, at the direction and to the satisfaction of the Providence Fire Marshal within sixty days of the date of this decision.

17. The Board hereby directs the Applicant to correct deficiency 17 (originally listed as “deficiency 15”) by providing this facility with an approved upgraded sprinkler system, in accordance with the current provisions of NFPA 13 (NFPA 13, 1996 edition), and municipally-connected fire alarm system, installed in accordance with the provisions of RIGL 23-28.25-4(b), at the direction and to the satisfaction of the Providence Department of Telecommunications.  The above fire alarm system shall be installed within 90 days the date of this decision pursuant to the conditions outlined in item one above.  In the event the Applicant needs additional time to install the system, the Applicant shall vacate all the apartment units of this facility until the fire alarm system is fully installed. The above sprinkler system shall be completely upgraded within 120 days of the date of this decision as outlined in item one above.

18. The Board hereby directs the Applicant to correct deficiency 18 (originally listed as “deficiency 16”) by providing this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal within 15 days of the date of this decision.

19. The Board hereby directs the Applicant to correct deficiency 19 (originally listed as “deficiency 17”) by providing the cited apartment doors with approved spring-loaded hinges, or other approved self-closing and latching devices, installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

20. The Board hereby directs the Applicant to correct deficiency 20 (originally listed as “deficiency 18”) by providing all unprotected openings in the corridors and door jambs with approved rated materials installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

21. The Board hereby directs the Applicant to correct deficiency 21 (originally listed as “deficiency 19”) by bringing the doors, transoms, louvers and/or transfer grills within the egress system of this facility into compliance with the provisions of section 18-3.6.5 at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

22. The Board hereby directs the Applicant to correct deficiency 22 (originally listed as “deficiency 20”) by providing each of the dwelling units of this facility with approved emergency instructions in accordance with the provisions of section 18-7.1 at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

23. The Board hereby directs the Applicant to correct deficiency 23 (originally listed as “deficiency 21”) by providing this facility with an approved municipally-connected fire alarm system, installed in accordance with the provisions of RIGL section 23-28.25-4(b), at the direction and to the satisfaction of the Providence Department of Telecommunications within 90 days of the date of this decision.  In the event the Applicant needs additional time to install the system, the Applicant shall vacate all the apartment units of this facility until the fire alarm system is fully installed. 

24. During the May 29, 2001 hearing on this matter, the Board was advised by both the Applicant's representative and the Providence Fire Marshal that additional deficiencies may be discovered after the required plans are submitted to the Providence Fire Marshal.  Accordingly, the Board shall allow the Applicant to re-petition, under the original file number of this case, in the event additional, unforeseen variances are deemed necessary by the parties.

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)].