The above-captioned case was originally scheduled for hearing on May 29, 2001. The Applicant advised the Board that he needed an initial decision on this matter in order to secure financing for his project. A decision, designated as file no. 010145, outlining the initial plan of action for fire safety for this complex, was thereupon issued on June 5, 2001. (Exhibit A-Attached). 

This complex was subsequently scheduled for additional review of the Applicant's new requests for variances relating to the stairwells within this facility. It was thereupon determined that an onsite inspection of this facility, by a subcommittee, would provide the Board with the facts necessary to address the Applicant’s second group of variance requests.
	
Accordingly, a subcommittee of the Board, consisting of the Chairman Farrell and Commissioners Wahlberg, O'Connell, Burlingame and Evans, conducted an onsite review of this facility at 10:00 AM on July 17, 2001.  The subcommittee's recommendations were thereupon reviewed by the full Board during its July 17, 2001 meeting. The Board thereupon issued a second decision, captioned 010145A, on August 14, 2001. (Exhibit B-Attached).  No appeals were taken from the above two (2) decisions.
	
On September 18, 2001, the Applicant appeared before the Board for a third time. The Applicant had requested this hearing in order to secure additional time to comply with the Board’s directives. The Board further reviewed a September 11, 2001, clarification request, relating to this facility, from the Providence Fire Marshal.  During the September 18, 2001, hearing, Vice Chairman Richard and Commissioners Coutu, Newbrook, Pearson, Burlingame and O’Connell were present. Chairman Farrell recused himself from further consideration and voting upon this matter immediately after a commissioner suggested temporarily providing this complex a detailed firefighter. The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and George Calise of the Providence Fire Marshal’s Office. A motion, clarifying the earlier decisions and providing the Applicant a time extension, with certain restrictions and optional methods of compliance, was made by Commissioner Pearson and seconded by Commissioner Coutu. The motion was unanimous.

FINDINGS OF FACT
	
The Board finds this facility to be an existing five (5) story complex with a total floor area, excluding the basement, of one hundred seventy-six thousand, eight hundred seventy-five(176,875 ) square feet and approximately one hundred eighty-eight thousand (188,000) square feet including the basement. The Board further finds that the complex is a conglomeration of separate buildings joined together by various additions and connectors. The Board further finds that the first floor of this facility maintained a mixed use comprised of mercantile, business, storage, industrial and assembly occupancies.  The assembly occupancy (World Gym) is approximately 24,690 square feet in area.  The Board further finds that approximately 16,000 square feet on the second floor are utilized as an AAA office and home health-care occupancy. The Board finds that the Applicant maintains approximately twenty-five to thirty (25-30) occupied residential apartments, and five (5) occupied commercial studio apartments, on the third floor of this complex.  The Board further finds that the fourth floor has two artist studio apartments, an art studio apartment and thirty-one (31,000) square feet of proposed future residential space. The parties indicated that the fourth floor apartments are either vacated or would be vacated immediately.  The fifth floor is currently vacant and contains approximately fifteen thousand (15,000) square feet of proposed future residential space.
	
Based upon the testimony of the parties during the September 18, 2001 hearing, the Board finds that the Providence Fire Marshal’s Office has not received verification, acceptable to the staff, that the sprinkler and fire alarm systems in this complex are operational. The Board further finds that the Providence Fire Marshal’s Office has not received the required acceptable mechanical drawings stamped by a licensed R.I. Engineer, the required acceptable electrical drawings stamped by a licensed R.I. Engineer, and the required complete set of architectural shop drawings which would specifically outlined methods in which the Applicant plans to bring this facility into full compliance with the fire safety code. In the absence of acceptable verification of the operation of the sprinkler and fire alarm systems, the Board finds that the occupants of the thirty plus (30+) residential units on the third floor of this facility are at life safety risk. Accordingly, as outlined below, the Applicant is to immediately provide this facility with a detailed Providence Fighter, equipped with a two-way radio, until the third floor is vacated or fully alarmed to the satisfaction of the Providence Fire Marshal in accordance with the sixty (60) day time table. 

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants the Applicant a time variance of sixty (60) days from the mailing date of this decision in order to grant him the option of either the vacating all of the residential units on the third floor of this facility, or providing at least the occupied residential portion of this facility with an approved fire alarm system installed at the direction to the satisfaction of the Providence Department Telecommunications and the Providence Fire Marshal. This variance is conditioned upon the Applicant immediately providing this facility with a detailed Providence Fire Fighter, equipped with a two-way radio, on a twenty-four hour basis, until the residential occupancy on the third floor is either vacated or fully alarmed to the satisfaction of the Providence Fire Marshal within the above sixty (60) day period. The above firefighter shall serve as the means of notification, of a fire emergency, to both the occupants of this complex and the Providence Fire Department until such time that approved fire alarm notification is established. This variance is further conditioned upon the Applicant's compliance with the items listed below. Finally, the Board directs the Applicant to immediately cease any residential occupancy of the fourth floor.

2. The Board hereby grants the Applicant a time variance of sixty (60) days the mailing date of this decision in order to provide the Providence Fire Marshal's office with approved written certification, by a licensed Rhode Island sprinkler contractor, verifying that the entire sprinkler system within this complex is completely operational, functional and appropriate.

3. The Board hereby grants the Applicant a time variance of sixty (60) days of the mailing date of this decision in order to completely comply with the Board's directives as outlined in file no. 010145 (Exhibit A) and file no. 010145 A (Exhibit B).  With regard to some of the specific questions raised by the Providence Fire Marshal’s Office, regarding the requirements of those decisions, the Board directs that the Applicant to provide the Providence Fire Marshal's office with approved mechanical drawings and electrical drawings stamped by a licensed Rhode Island Engineer within the above time frame.  The Board further directs the Applicant to provide the Providence Fire Marshal's office with a complete set of shop drawings, outlining the actual methods the Applicant plans to utilize to bring this facility into compliance with fire safety code sections 19-2.1.1 and 5-1.3.2.1, within the above time frame. 

4. With regard to the issue of shaft construction, raised by the Providence Fire Marshal and the Applicant, the Board hereby grants a variance from the provisions of section 6-2.4 in order to allow for non-continuity of shaft construction.  Specifically, the Applicant shall enclose the shafts between the ceiling and floor levels of this complex, and further seal off all penetrations, at the direction to the satisfaction of Providence Fire Marshal. However, the Applicant shall not be required to provide continuity through the existing floor/ceiling assemblies. 

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)].