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 411-413 Friendship Street is an existing multiple occupancy building owned and operated by Amos House.  The Board further finds that the occupancies include a one-family dwelling occupancy on the third floor, a business occupancy on the first and second floor and accessory storage occupancy in the basement.  The Board further finds that this facility is four (4) stories, three (3) of which are above grade.  The Board finds that there is one (1) two-bedroom dwelling unit on the third floor.  The Board finds that the business occupancy on the second floor has access to two (2) enclosed stairways and that the dwelling occupancy on the third floor has access to one enclosed stairway and one fire escape stair.  The Board further finds that each dwelling unit contains a kitchen.  The Board further finds that the first floor contains six (6) offices.  The Board further finds that the basement contains one (1) washing machine, one (1) electric dryer, two (2) water heaters and two (2) 93,900 BTU furnaces.  The Board further finds that the remainder of the basement is unfinished space with miscellaneous storage.  Finally, the Board finds that this facility shall be provided with an approved, new local fire alarm system.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 7.2.2.2.1(b) and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing dimensions of the cited existing 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 between the riser of the top step and the remainder of the steps within this facility.
	3.  The Board hereby grants a variance from the provisions of section 8.3.3.1 in order to allow the Applicant to maintain new one-hour fire doors in the existing wood door jambs of this facility.  
	4.  The Board hereby grants a variance from the provisions of section 6.1.14 in order to allow the Applicant to install a local fire alarm system throughout this facility, without maintaining two-hour separation.  In granting this variance, the Board directs that the fire escape system on the third floor should provide direct access from each bedroom under the existing provisions of the life safety code at the direction and to the satisfaction of the Providence Fire Marshal's office.  The Board further notes that if there are any questions regarding this variance, the Applicant and/or the Providence Fire Marshal's office may return to the Board for further clarification.
	5.  The Board hereby grants a variance from the provisions of section 7.2.1 in order to maintain a means of escape from the basement through the bulkhead of this facility.  
	6.  The Board hereby grants a variance from the provisions of sections 7.1.3.2, 8.2.3 and 8.3 in order to allow the Applicant to maintain the existing exit enclosures which are in good condition.  Any modification to the above exit enclosures shall be 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 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)].