The above-captioned case was scheduled for hearing on June 5, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Jasparro, Preiss, Jackson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the objection vote of Commissioner Blackburn.
FINDINGS OF FACT
	The Board finds that this is a three-story wood frame structure considered to be of 5B construction.  The Board finds that this was originally a three-family dwelling and that the Applicant has proposed to turn this structure into a permanent residence for five (5) priests.  The variances listed below are limited to this occupancy and this owner.  The variances are also based on the fact that the priests, as a practical matter, could be considered as a single family with all five (5) members sharing the same cooking and sanitary facilities, unlike a rooming or lodging house maintaining transient occupants with a very limited community of interest.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 26.2.2.4 and 7.2.2.2.4 in order to allow the Applicant to maintain the existing cited winding stairs within this facility, based upon structural hardship.
	2.  The Board hereby grants a variance from the provisions of section 26.2.3 in order to allow the Applicant to maintain the existing dimension of the cited den double doors on the first floor of this facility.  
	3.  The Board hereby grants a variance from the provisions of section 26.3.1.1.1 in order to allow the Applicant to maintain the current configuration of the cited supplemental or convenience stairway within this facility.  This variance is based upon structural hardship.
	4.  The Board hereby grants a variance from the provisions of section 26.3.1.1.2 in order to allow the Applicant to maintain the cited unprotected vertical opening on two levels of this facility in conjunction with a system of domestically supplied sprinkler heads, to be introduced at the first floor ceiling to act as a deluge or water curtain.  In granting this relief the Board further notes that the Applicant shall provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal's office.
	5.  In light of the unique community of interest of the individuals sharing this facility, in effect as a single family, the Board hereby grants a variance from the provisions of section 26.3.5.1, as it relates to this owner and this occupancy, in order not to provide this entire building with approved sprinkler coverage, but rather to limit the sprinkler coverage of this facility, as outlined in item 4 above.  In granting this variance, it is the understanding and direction of the Board that the facility shall be provided with an approved local fire alarm system and that the boiler room in the facility is fully rated.

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)].