The above-captioned case was scheduled for hearing on July 17, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Jasparro, Preiss, Jackson, Walker, Filippi and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Brown of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro 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 May 10, 2007 inspection 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 July 17, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the May 10, 2007 inspection 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. 
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-5.  The Board hereby grants the Applicant a time variance of thirty (30) days to submit plans to the Providence Fire Marshal's office for the correction of deficiencies 1, 2, 3, 4 and 5, and an additional 120 days to complete the correction of deficiencies 1 through 5 at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further authorizes the Providence Fire Marshal's office to extend the above deadlines for good cause shown and good faith efforts being made by the Applicant.  In granting this relief, it is the understanding of the Board that the Applicant has removed and shall eliminate the basement occupancy of this facility and has reduced the overall dormitory occupancy to sixteen (16) rooms.  Additionally, it is the understanding of the Board in granting this relief that all hazards have been removed from the building immediately after the owner was notified of their existence by the Fire Marshal.
	6.  The Board hereby grants a variance from the provisions of sections 29.2.2.3.1, 7.2.2 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing cited winding stairs within the front staircase of this facility.  In granting this variance on 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 efforts being made by the Applicant to correct the remaining deficiencies.
	7.  The Board hereby grants the Applicant a time variance, as outlined in item 1 above, in order to provide the existing door jambs of this facility with approved solid core or steel doors having an approximate rating of twenty (20) minutes and to further provide the boiler room of this facility with approved B-label doors, installed at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board notes that during the July 17, 2007 hearing on this matter, the Applicant advised the Board that he was planning to provide the existing apartment door jambs with C-label doors.  These C-label doors in the existing jambs may be installed within the above time limits.
	8.  The Board hereby grants a variance from the provisions of sections 7.1.3.2 and 7.1.3.2.1 in order to allow the Applicant to maintain the existing enclosure of the two (2) open exit stairs within this facility, provided the Applicant installs approved C-label doors in the front stair tower at the direction and to the satisfaction of the Providence Fire Marshal's office and to further provide the rear stair tower with approved C-label doors held open on approved magnetic hold-open devices in order not to impede egress travel on that stair tower.  Finally, the Board provides the Applicant with the time outlined in item 1 in order to correct deficiency 8.
	9.  The Board hereby grants the Applicant a time variance as outlined in item 1 to correct deficiency 9 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10.  The Board hereby grants the Applicant a time variance as outlined in item 1 to correct that portion of deficiency 10 dealing with the rear egress door by re-swinging the cited egress door and providing it with approved panic hardware, at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board hereby grants the Applicant a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the front egress door of this facility.  In granting this relief, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by removing the cited portable electric heaters, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	12.  The Board hereby grants the Applicant a time variance as outlined in item 1 to correct deficiency 12 by providing approved portable fire extinguishers at the direction and to the satisfaction of the Providence Fire Marshal's office.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by removing the cited dormitory rooms from the basement.  The Board hereby directs the Applicant, as a condition of the variances granted herein, to maintain the basement as an unoccupied area.
	14-15.  The Board hereby grants the Applicant a time variance as outlined in item 1 above, to correct deficiencies 14 and 15 at the direction and to the satisfaction of the Providence Fire Marshal's office.  With regard to deficiency 14, it is the understanding of the Board that the boiler room rating of this facility shall be upgraded, and that the laundry room shall be provided with an approved one-hour enclosure with domestic sprinkler heads over the laundry room, installed at the direction and to the satisfaction of the Providence Fire Marshal's office.

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)].