The above-captioned case was scheduled for hearing on August 22, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Newbrook, Preiss and Pearson reviewed this case as a subcommittee.  Commissioners  Blackburn and Burlingame recused themselves from consideration of this case.  The subcommittee recommendations were thereupon approved by the full Board pursuant to a motion by Commissioner Newbrook and seconded by Commissioner Pearson on August 29, 2006.  At that time, Commissioners Blackburn and Burlingame also recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject premises, 414 Friendship Street, is an existing lodging and rooming house owned and operated by Amos House.  The Board further finds that the building is approximately four (4) stories tall, three (3) of which are above grade.  The Board further finds that there are eight (8) bedrooms in the facility, three (3) on both the first and second floors and two (2) on the third floor.  The Board finds that the basement contains laundry service including one (1) gas-fired dryer and one (1) washing machine.  The Board further finds that there is a single furnace and three (3) hot water heaters in the basement separated from the remainder of the area by a plaster wall construction.  The Board further finds that the basement also contains a small storage room.  The Board further finds that that there are two (2) kitchens in the building, one located on the first floor and one located on the second floor.  The Board further finds that the cooking equipment in each kitchen is electric.  The Board further finds that there are two (2) stairways that serve both the first and second floor and one that also serves the basement and the third floor.  The Board further finds that the stairs servicing the basement, first floor and second floor are enclosed while the stairs servicing the second to third floor are unenclosed.  Finally, the Board finds that this facility has been provided with a new local fire alarm system and new automatic sprinkler system installed in accordance with the provisions of NFPA 13R-2002 edition.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 7.2.2.2.1(b) and 7.2.2.2.4(c) in order to allow the Applicant to maintain the existing cited dimensions and winding nature of the cited stairs within this facility.  
	2.  The Board hereby grants a variance from the provisions of sections 7.2.2.3.6.1 and 7.2.2.3.6.2 in order to allow the Applicant to maintain the existing dimensional variation of the riser of the top step to the remainder of the steps.  Again, this variance is based on structural hardship pursuant to an existing condition.
	3.  The Board hereby grants a variance from the provisions of section 8.3.3.1 in order to allow the Applicant to install new approved 1  solid wood doors in the existing door jambs of this facility, in order to provide an approximate rating of twenty (20) minutes for the stairway doors.  

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].