The above-captioned case was scheduled for hearing on March 12, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Sylvester and Blackburn were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Walker 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 February 25, 2013 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 March 12, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the February 25, 2013 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 this structure is an existing wood-frame Type V(000) building with a shingle roof.  The Board further finds that the subject facility is currently utilized as a three-family apartment house with three (3) separated residential units.  The Board further finds that the proposed use of this facility is a rooming house.  The Board further finds that the Applicant proposes to provide housing for up to sixteen (16) women with up to ten (10) of these women being provided with dormitory-style housing on the second floor of this facility.  The remaining women would be allowed to remain in a year-long program on the third floor of this facility.
	The Board finds that the subject facility shall be appropriately staffed with a least one member of the staff on each overnight shift.  The Board finds that the Applicant shall provide this facility with approved fire alarm coverage and sprinkler coverage prior to occupancy.  Finally, the Board notes that the Applicant is requesting relief from the occupancy limitation on the second floor of this facility.  Finally, the Board finds that the Applicant shall provide this facility with the additional recommended safeguards deemed necessary by the Providence Fire Marshals Office.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of Section 26.1.1.1 and Chapter 7, Table 7.3.1.2 of the 2012 edition of NFPA 101 as amended in order to allow the Applicant to maintain up to ten (10) transitory residents within the proposed dormitory style housing on the second level of this facility.  As a condition of this relief, the Board hereby directs the Applicant to comply with items 2 through 6 below prior to the re-occupancy of this facility as a rooming house.
	2.  The Board hereby directs the Applicant to provide this facility with an approved sprinkler system and extend that sprinkler coverage to the furnace located in the attic above the kitchen on the third floor of this facility.  The above sprinkler system shall be installed at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the re-occupancy of this facility as a rooming house.
	3.  The Board hereby directs the Applicant to provide each of the three (3) furnaces indicated in this facility with approved remote shut-off switches, installed at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the re-occupancy of this facility as a rooming house.
	4.  The Board hereby directs the Applicant to provide this facility with approved fire extinguishers and signage, installed at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the re-occupancy of this facility as a rooming house.
	5.  The Board hereby directs the Applicant to work with the Providence Fire Marshals Office in the development and implementation of a No Smoking policy throughout this facility and to provide this facility with appropriate signage advertising this policy.  This policy shall be in place and enforced prior to the re-occupancy of this facility as a rooming house.
	6.  The Board hereby directs the Applicant to work with the Providence Fire Marshals Office to develop and implement a policy of No Candles within this facility and to ensure enforcement of this policy.  The Board directs that this policy shall be in force and effect prior to the re-occupancy of this facility as a rooming house.

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)].