The above case was scheduled for hearing on July 11, 2000 at 1:30 PM.  At that time, Chairman Farrell and Commissioners Burlingame, Wahlberg, Coutu, Evans, Fang and Richard were present.  The fire service was represented by an Assistant Deputy State Fire Marshal Authur Laurenson of the Providence Fire Marshal's Office.  A motion was made by Commissioner Fang and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Wahlberg abstaining.

FINDINGS OF FACT

The numbers of the decision below correspond with those of a February 10, 2000 inspection report compiled by the Providence Fire Marshal's Office.  The above report was utilized by the Board, the Providence Fire Marshal's Office and the Applicant and during the July 11, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the February 10, 2000 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 REQUEST

1. It is the understanding of the Board that deficiency 1 is moot.

2. Is the understanding of the Board that the applicant has corrected deficiency 2 by providing the basement with approved air vent.

3. Is the understanding of the Board that the applicant has corrected deficiency 3 by providing the basement with an approved fire extinguisher.

4. The Board hereby directs the applicant to correct deficiency for by extending the fire alarm system of this facility to the basement area.  As outlined in deficiency 12, the applicant shall have six months from the date of this decision to upgrade the fire alarm system within this facility.

5. The Board hereby grants a variance from the provisions of section 23-28.17-2(b). In granting this variance, to the basis of structural hardship, it is the understanding of the Board that the Providence Fire Marshal's Office has no objection in light of the applicant's agreement to provide this facility with an approved fire alarm system.

6. The Board hereby grants a variance from the provisions of section 23-28.17-4(a) in order to allow the applicant to maintain the existing construction, configuration, dimension and Fire rating to the cited interior stairway is within this facility.  In greatest variance, the Board directs the applicant to provide the cited wainscoting with an approved class A finish installed at the direction and to the satisfaction of the Providence Fire Marshal's Office.

7. The Board by grants a variance from the provisions of section 23-28.17-4(f) in order to allow the applicant to maintain the existing winding stairs within the rear stairway of this facility.

8. The Board hereby grants a variance from the provisions of section 23-28.17-5(c) in order to allow the applicant to maintain the cited salad core wood doors with self-closing devices in the existing door jambs of this facility.  The Board further grants a variance in order to allow the doors to maintain their existing swing.

9. The Board hereby grants a variance from the provisions of section 23-28.17-5(f) in order to allow the applicant to maintain the cited doors without panic hardware.  In granting this variance, the Board notes that the above doors were previously allowed to swing opposite to the direction of egress travel.

10. Is the understanding of the Board that the applicant has provided this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal's Office.

11. The Board hereby grants a variance from the provisions of section 23-28.17-13 in order to allow the applicant not to provide this facility with the sprinkler coverage.  In greatest variance, it is the understanding of the Board that there are only two residential units within this facility.  It is the further understanding direction of the Board that the maximum residential occupancy of the second floor shall be limited to four people and that the maximum residential occupancy of the third floor shall be limited to two people.  In light of the but limited residential occupancy of this facility and the applicant's agreement to upgrade his fire alarm system, the Board has determined that additional sprinkler coverage is not necessary in this existing facility.

12. During the July 11, 2000 hearing on this matter, the Board was advised that the applicant has been working with the telecommunications division of the City of Providence.  Accordingly, the Board directs the applicant to upgrade the fire alarm system of this facility at the direction and to the satisfaction of the telecommunications division of the City of Providence within six months of the date of this decision.  In granting the applicant this additional time variance, the Board notes that the current alarm system within this facility is operational and provides notification, upon activation, to the Providence Fire Department.
	
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 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 of 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 change creates a new use or occupancy as outlined in
R.I.G.L. 23-28.1-6, all of 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 days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in 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)}.