The above-captioned case was originally scheduled for hearing on June 22, 2004 at 1:00 P.M.  At that time, the Applicant was advised to return with a plan of action for addressing the egress system of this facility.  The above captioned case was most recently scheduled for hearing on August 3, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Evans, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kenneth Scandariato of the North Providence Fire Marshal’s Office.  A motion was made by Commissioner Evans and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

During the August 3, 2004 hearing on this matter, the Board was advised that the Applicant would bring this facility into compliance with the provisions of the Code as outlined in a March 17, 2004 inspection report compiled by the North Providence Fire Marshal’s office.  As part of the Applicant’s compliance plan, the Applicant intends to install an architecturally engineered and approved second means of egress for all of the apartments on the second floor.  The above fire escape system shall be accessed by specially designed windows approved by the North Providence Fire Marshal’s office and the Board.  The only request for relief that the Applicant had was that he be allowed to maintain a measured sill height of forty eight (48”) inches as opposed to forty four (44”) inches.  The Applicant’s request is based on structural hardship in the absence of any objection by the North Providence Fire Marshal’s office. 

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby accepts the Applicant’s plan of action for a window accessed, properly engineered fire escape system servicing the second floor of this facility.  In granting this relief, it is the understanding of the Board that the North Providence Fire Marshal’s office has reviewed and approved the Applicant’s plan of action.  Finally, the Board hereby grants a variance in order to allow the Applicant to maintain a measured sill height of forty eight (48”) inches as opposed to the maximum of forty four (44”) inches.  This variance is based on structural hardship in light of an existing condition and in the absence of an objection by the North 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 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)].