The above-captioned case was originally scheduled for hearing on April 23, 2002 at 1:00 P.M. After an initial review, it was determined that an on-site review of this facility would be in the best interest of all parties. Accordingly, the on-site review was scheduled for Tuesday, April 30, 2002 at 11:00 AM.
	
A second issue, involving the Applicant’s request for a Temporary Certificate of Occupancy (TCO), was addressed on April 23, 2002. Specifically, the Applicant had requested the fire marshal’s approval of a “TCO” covering Unit 600 of this facility. The Applicant had previously secured the fire marshal’s approval to temporarily occupy another unit within this facility.  However, the fire marshal was now seeking Board’s guidance prior to approving the requested second unit.
	
During the April 23, 2002 hearing on this matter, the Board advised the fire marshal’s representative that a “TCO” can be approved by the fire service when all of the required major fire protection systems (fire alarm, egress, sprinkler) are operational and only minor deficiencies remain in the facility. 

In light of the above criteria, and after hearing the testimony of the parties relating to unit 600 of this facility, a motion was made by Member Pearson and seconded by Member Coutu to grant the Applicant a variance to allow for the temporary occupancy of Unit 600 within this facility. The motion to allow for temporary occupancy was thereupon approved by the Board. In granting this variance, it was the understanding of the Board that this would be the second unit granted a temporarily occupancy. 

After the 11:00 AM, April 30, 2002 onsite review, this case was reviewed by the Board during its regularly scheduled hearings that afternoon. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Filippi, Coutu, Evans, Pearson and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  

Prior to the review of this case, the Applicant sought leave to be allowed to withdraw his request to occupy the attic of this facility. The Providence Fire Marshal’s Office strongly objected to this request and further advised the Board that, in light of the subcommittee’s findings, the question of the occupancy of the attic should be a part of the record and any decision. A motion to deny the Applicant’s requested withdrawal was thereupon made by made by Commissioner Wahlberg and seconded by Commissioner Pearson. The motion to deny the requested withdrawal passed. Accordingly, the issues relating to the requested occupancy of the attic shall be addressed as items 2 and 3 below.

A second motion, to accept the subcommittee recommendations, and to address certain clarifications of a prior decision (010315) covering this facility, was made by Commissioner Coutu and seconded by Commissioner Newbrook. The motion was unanimous.

FINDINGS OF FACT
	
This matter was previously before the Board and a decision was rendered in file number 010315. Accordingly, the Board hereby adopts its findings in that case, as clarified below, as its initial findings of fact. The additional issues, addressed by the Board in this case, involve handrail extensions, attic headroom, dimensions of a small historic stair to the attic, landings and a mailbox located within a two-hour separation. It is the understanding of the Board that the Applicant shall correct all remaining fire code deficiencies. 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. The Board hereby grants a variance from the provisions of sections 18-2.2.2.3.1, 5-2.4.2 and 5-2.2.4.5 in order to allow the Applicant to maintain the existing handrails in this facility as installed. The Board notes the objection of the Providence Fire Marshal.

2. The Board hereby grants a variance from the provisions of sections 7-2.2.2.1, 7-1.5 and 5-2.2.1 in order to allow the Applicant to maintain the existing headroom of the unoccupied attic in the existing portion of this facility. In granting this variance, the Board directs that the attic be utilized for storage only and not be otherwise occupied.

3. The Board hereby grants a variance from the provisions of section 5-2.2.7-1, subsection(b) in order to allow the Applicant to maintain the existing dimensions of the stair leading to the unoccupied attic in the existing portion of this facility. In granting this variance, the Board directs that the attic be utilized for storage only and not be otherwise occupied. 

4. The Board hereby grants a variance from the provisions of sections 18-2.2.2.1 and 5-2.1.3 in order to allow the Applicant to maintain the existing exterior step-out landing below the exterior door leading to the parking lot. 

5. The Board hereby grants a variance from the provisions of sections 5-1.3.3, 5-1.3.2.1 and 5-3.2.3 in order to allow the Applicant to maintain the existing aluminum mailbox within the separation in the lobby of the front door at 2 Thomas Street. In granting this variance, the Board notes the objection of the Providence Fire Marshal’s Office.

6. With regard to file number 010315, the Board provides the following clarifications and modifications: The report reviewed by the Board was a plan review report; the business and garage areas shall be protected by an NFPA 13 sprinkler system and the apartment units shall be protected by an NFPA 13R system; handrail extensions are addressed in item 1 above; item 14 addresses an exit passageway; item 16 is hereby modified to allow the cited door and sidelights to be protected by the existing sprinkler coverage and not domestically-supplied heads; the Board notes the objection of the Providence Fire Marshal’s office to the granting the Applicant relief to maintain the door and sidelights.

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)].