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 56 Somerset Street is an existing dormitory building owned and operated by Amos House.  The Board further finds that this facility is four stories, three of which are above grade.  The Board further finds that there are twenty (20) beds in this facility, three on the first floor, eight on the second floor and nine on the third floor.  The Board further finds that the basement contains a laundry service containing one gas-fired dryer and one washing machine.  The Board further finds that there is a fuel-fired furnace and a water heater located in the basement.  The Board further finds that the basement also contains two (2) small storage rooms.  The Board further finds that there is one (1) kitchen in the building located on the first floor.  The Board further finds that the kitchen has a gas stove.  The Board further finds that there are two (2) exit stairways that serve the first, second and third floors, one of which also serves the basement.  The Board further finds that the stairs are enclosed with plaster walls and self-closing fire rated doors.  Finally, the Board finds that this facility will be provided with a new municipally connected fire alarm system, a 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 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing cited winding nature and existing dimensions of the stairways 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 at the top step to the remainder of the steps.
	3.  The Board hereby grants a variance from the provisions of section 29.2.4.1 in order to allow the Applicant to maintain a single means of egress from the basement of this facility.  In granting this variance, it is the understanding of the Board that the single washer and dryer of this facility are located within twenty (20) feet of the exit stair and that the occupancy of the basement shall be limited by the Applicant.  Finally, the Board notes that this facility shall be fully sprinklered and provided with municipal fire alarm coverage.
	4.  The Board hereby grants a variance from the provisions of NFPA 96 in order to allow the Applicant to provide the existing cooking equipment within this facility with a supplemental suppression system, to be deemed required and maintained, at the direction and to the satisfaction of the Providence Fire Marshal's office.  In granting this relief, the Board notes that the residents eat elsewhere, and that the stove is utilized only on a limited basis.  
	5.  The Board hereby grants a variance from the provisions of section 7.5.2.1 in order to allow the occupants on the first floor of this building to continue to pass through the kitchen in order to reach the exit.
	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 grant the Providence Fire Marshal's office the authority to grant relief from strict compliance with the construction provisions of the RI Life Safety Code, based on specific on-site conditions.  Accordingly, the enclosure provisions and other rating conditions, 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)].