The above-captioned case was scheduled for hearing on September 12, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Richard , O'Connell, Newbrook, Coutu, Burlingame, Fang, Filippi, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Costa 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 an August 11, 2000 plan review 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 September 12, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the August 11, 2000 plan review 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 finds that deficiency 1 is informational in nature and not a violation of the State Fire Code.

2. It is the understanding of the Board that deficiency 2 was previously granted a variance.

3. The Board hereby directs the Applicant to correct deficiency 3 by providing the Providence Fire Marshal's office with sprinkler plans and specifications indicating compliance with NFPA 13.

4. During the September 12, 2000 hearing on this matter, the Board was advised that deficiency 4 was moot.

5(a). The Board hereby grants a variance from the provisions of section 23-28.17-2(b) in order to allow the Applicant to maintain one means of egress from the basement of this facility.  In granting this variance, it is the understanding and direction of the Board that one part of the basement shall be used only for storage and utilities and the other part shall be used only in conjunction with the mercantile occupancy.

5(b). The Board hereby grants a variance from the provisions of section 23-28.17-2(b) in order to allow the Applicant to maintain the existing travel distance from the mercantile units of the first floor of this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the Providence Fire Marshal.

5(c). It is the understanding of the Board that a variance, allowing a single stairwell, was previously granted.

5(d). The Board hereby directs the Applicant to correct deficiency 5(d) by providing the Providence Fire Marshal with documentation that the cited fire escape will have unimpaired access to a public way.

6. The Board hereby directs the Applicant to correct deficiency 6 by removing all locks and locking devices from the office and bedroom doors which lead to the egress system of this facility.

7(a). The Board hereby directs the Applicant to correct deficiency 7(a) by providing the Providence Fire Marshal with an approved UL listing for the cited two hour rated stairwell enclosure.

7(b). The Board hereby directs the Applicant to correct deficiency 7(b) by providing the Providence Fire Marshal with an approved UL listing for the cited rating of the lobby area of this facility.

7(c). 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 convenience stair between the second and third floor business occupancy of this facility.  The granting of this variance is based on fact that the second and third floor, serviced by the stair, are separate parts of a single business occupancy.

8. The Board hereby grants a variance from the provisions of section 23-28.17-4(f) in order to allow the Applicant to maintain the existing dimensions and winding nature of the stairs between the first and second floors of this facility.

9(a). It is the understanding of the Board that the Applicant was previously granted a variance covering deficiency 9(a).

9(b). It is the understanding of the Board that deficiency 9(b) is moot.	

9(c). 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 doors swings within this facility.  This variance is granted on the basis of structural hardship in the absence of objection by the Providence Fire Marshal's Office.

10. The Board hereby directs the Applicant to correct deficiency 10, at the direction and to the satisfaction of the Providence Fire Marshal.

11. The Board hereby directs the Applicant to correct deficiency 11, at the direction and to the satisfaction of the Providence Fire Marshal. 

12(a). The Board hereby directs the Applicant to correct deficiency 12(a), at the direction and to the satisfaction of the Providence Fire Marshal.

12(b). The Board hereby directs the Applicant to correct deficiency 12(B), at the direction and to the satisfaction of the Providence Fire Marshal.

13-18. The Board hereby directs the Applicant to correct deficiencies 13, 14, 15, 16, 17 and 18, at the direction and to the satisfaction of the Providence Fire Marshal.  All deficiencies which the Board has directed the Applicant to correct shall be corrected prior to occupancy of the fifth floor of this facility.

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)].