The above-captioned case was scheduled for hearing on October 31, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Evans, Richard, Pearson, Coutu, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Lawrenson of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Richard 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 with those of a September 28, 2000 inspection report complied by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the October 31, 2000  hearing on this matter.  Accordingly, the Board hereby incorporates the September 28, 2000 inspection 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. The Board hereby directs the Applicant to correct deficiency 1 by providing the cited heating equipment with approved remote shutoff switches, installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

2. The Board hereby directs the Applicant to correct deficiency 2 by providing the cited heating appliances with approved venting for makeup air, to the satisfaction of the Providence Fire Marshal or mechanical inspector, within 120 days of the date of this decision.

3. It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the basement of this facility with approved fire extinguishers to the satisfaction of the Providence Fire Marshal's office.

4. The Board hereby grants a variance from the provisions of section 23-28.17-3(b) in order to allow the Applicant to maintain the existing egress system of this facility as modified herein.  In granting this variance on the basis of structural hardship, 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 approved fire alarm system as outlined in item 18 below.

5. The Board hereby grants a variance from the provisions of section 23-28.17-2(d) in order to allow the Applicant maintain the existing remoteness of the cited exit doors from the residential units of this facility.  This variance is also granted on the basis of structural hardship in light of the Applicant's agreement to fully alarm this facility.

6. During the October 31, 2000 hearing on this matter, the Board was advised that the basement of this facility would be limited in use to an owner-occupied office.  In light of the fact that the basement shall only be utilized by one person, the Board hereby grants a variance from the provisions of section 23-28.17-3(a) in order to allow the Applicant to maintain the existing configuration of the basement.  As a condition of this variance, the Board directs the Applicant to provide the basement area with approved emergency lights and exit signs, installed at the direction and to satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

7. The Board hereby grants a variance from the provisions of section 23-28.17-3(b) in order to allow the Applicant maintain the existing width of the cited interior stairs of this facility.

8.The Board hereby grants a variance from the provisions of section 23-28.17-3(c) in order to allow the Applicant to maintain the existing stairway wall construction of this facility.  In granting this variance, the Board directs the Applicant to provide the cited wainscoting with an approved Class A finish at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

9. In light of the limited occupancy the basement of this facility, the Board directs the Applicant to provide the basement with approved emergency lighting and exit signs, installed at the direction and to the satisfaction of Providence Fire Marshal, within 120 days of the date of this decision.

10. 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 and rating of the cited interior stairways of this facility.  In granting this variance of the basis of structural hardship, it is the understanding of the Board that the Applicant to provide this facility with extended fire alarm coverage as outlined in item 18 below.

11. The Board hereby grants a variance from the provisions of section 23-28.17-4(f) in order to allow the Applicant to maintain existing winding stairways within this facility.  This variance is granted on the basis of structural hardship.

12. The Board hereby grants a variance from the provisions of section 23-28.17-5(a) in order to allow the Applicant to maintain the existing swing of the cited doors to the exterior of this facility.

13. The Board hereby grants a variance from the provisions of section 23-28.17-5(b) in order to allow the Applicant to provide the cited doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

14. The Board hereby grants a variance from the provisions of section 23-28.17-5(c) in order to allow the Applicant to provide the existing residential door jambs of this facility with approved solid core wood doors maintaining approximate fire rating of 20 minutes.  The above doors shall be installed at direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

15. The Board hereby grants a variance from the provisions of section 23-28.17-5(f) in order to allow the Applicant maintain the existing cited hallway doors.  The Board directs the Applicant to re-swing the existing doors from the restaurant and to further equipped these doors with approved panic hardware, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

16. The Board hereby directs the Applicant to correct deficiency 16 by providing the cited restaurant with approved exit signs, installed at the direction and to satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

17. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

18. As a condition of the variances granted herein, the Board hereby directs the Applicant to properly extend the existing fire alarm system throughout the remainder of this facility, at the direction and to the satisfaction of the Providence Fire Marshal, or designee, within 120 days of the date of this decision.

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)].