The above-captioned case was scheduled for hearing on September 19, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Preiss, Filippi, OConnell and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 5, 2006 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 19, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the May 5, 2006 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-21.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 through 21 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	22.  During the September 19, 2006 hearing on this matter, the Board was advised that Unit 44 has a common path of travel of 125 feet from the farthest point within the dwelling unit to the unit door.  The Board was further advised that the Applicant is seeking a variance for the additional 25 foot travel distance in order to maintain the current layout of the live/work studio due to configuration of the space.  The Board was further advised that the area of the unit located beyond the appropriate travel distance is a small space that makes up only 6.7 of the unit and is only eight feet wide with many windows.  The Board was further advised that this area would most likely be utilized as a sitting area and that the Applicant shall provide approved automatic sprinkler coverage throughout this building.
	The Board hereby grants a variance from the provisions of sections 38.2.5.3.1, 40.2.5 and table 40.2.5 in order to allow the Applicant to maintain the existing travel distance of unit 44 in conjunction with an emergency fire escape installed at the direction and to the satisfaction of the Providence Fire Marshal's office.  The above fire escape would meet the standards of Chapter 7 for ten or fewer occupants.  As an alternative to the above fire escape, the Applicant is also free to reconfigure the space in order to bring the travel distance below one hundred feet.  The above fire escape and/or reconfiguration of the space shall be at the direction and to the satisfaction of the Providence Fire Marshal's office.
	23.  The Board hereby grants a variance from the provisions of section 40.2.4.1.2 in order to allow the Applicant to utilize an emergency fire escape, as outlined in item 22 above, as a second means of egress from unit 44.  Alternatively, the Applicant may reconfigure the space to bring the travel distance to below one hundred feet and thereby eliminate the need for two means of egress.

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 Boards 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)].