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 446 Pine Street is an existing lodging and rooming house 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 the basement contains one washing machine, one electric dryer, a 40,000 BTU water heater and a 150,000 BTU furnace.  The Board further finds that the remainder of the basement is unfinished open space with minimal miscellaneous storage.  The Board further finds that each dwelling unit contains a kitchen with cooking equipment (electric stove).  The Board further finds that all floors except the third floor have access to two (2) enclosed interior stairs.  The Board further finds that the third floor had access to one enclosed interior stair and one exterior fire escape.  The Board further finds that the building contains two (2) dwelling units, one four-bedroom unit located on the first floor and the second dwelling unit occupies both the second and third floors and has five (5) bedrooms, three bedrooms on the second floor and two bedrooms on the third floor.  The Board further finds that this facility shall be protected by a new local fire alarm system with 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 winding nature and existing dimensions of the 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 an existing dimensional variation between the riser on the top step and the remainder of the steps.
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 1  inch solid core wood doors in the existing door jambs of this facility, in order to achieve an approximate fire rating of twenty minutes.  

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)].