The above-captioned case was scheduled for hearing on October 24, 2006 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Blackburn 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 an October 23, 2006 plan review 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 October 24, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the October 23, 2006 plan review 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.  The Board hereby directs the Applicant to correct deficiency 1 by providing the proper premises identification prior to re-occupancy of this facility.
	2(a).  The Board hereby grants a variance from the provisions of section 7.1.3.2.1(1) in order to allow the Applicant to maintain the existing construction of the horsehair plaster walls located in the stair enclosures.  In granting this relief, the Board directs the Applicant to provide a layer of 5/8 inch sheetrock on the apartment side abutting the stairway and to further provide approved sprinkler coverage within this facility.
	2(b).  The Board hereby grants a variance from the above provisions in order to allow the Applicant not to maintain continuity of construction in this existing facility.
	2(c).  The Board hereby grants a variance in order to allow the Applicant to provide an approved 5/8 inch sheetrock shield on the base of the ceiling of this facility at the direction and to the satisfaction of the Providence Fire Marshal's office.
	2(d).  The Board hereby directs the Applicant to correct deficiency 2(d) at the direction and to the satisfaction of the Providence Fire Marshal's office by providing an approximate one hour rating in those areas deemed necessary by the Providence Fire Marshal's office.  The Board hereby directs the Applicant to complete the above work outlined in items 2(a), 2(b), 2(c) and 2(d) prior to re-occupancy of this facility.
	3.  The Board hereby directs the applicant to correct deficiency 3 at the direction and to the satisfaction of the Providence Fire Marshal's office prior to re-occupancy of this facility.
	4.  The Board hereby grants a variance from the provisions of section 7.1.2.2.1(7) in order to allow the Applicant to maintain the communicating opening between the exit stair enclosures 1 and 2 on the first floor through doors 13 and 24.  This variance is granted on the basis of structural hardship in the absence of an objection by the Providence Fire Marshal's office.
	5.  The Board hereby grants a variance from the provisions of section 7.5.1.3.3 in order to allow the Applicant to maintain the existing remoteness within dwelling units 7 and 10.  This variance is granted on the basis of structural hardship.
	6-7.  The Board hereby directs the Applicant to correct deficiencies 6 and 7 at the direction and to the satisfaction of the Providence Fire Marshal's office prior to re-occupancy of this facility..
	8(a).  The Board hereby grants a variance from the provisions of sections 31.2.2.10 and 7.2.8.4.1(1) in order to allow the Applicant to maintain an eight-foot lead to ground from the fire escape of this facility.  This variance is granted on the basis of security hardship pursuant to the owners representation that all of the tenants who would be utilizing this fire escape system are capable of self-preservation.
	8(b).  The Board hereby directs the Applicant to correct deficiency 8(b) by providing approved access to the fire escape system, at the direction and to the satisfaction of the Providence Fire Marshal's office, prior to re-occupancy of this facility.
	8(c).  As outlined in item 8(a) above, the Board hereby grants a variance from the above provisions in order to allow the Applicant to maintain the existing eight-foot lead to ground pursuant to the owners representation that the fire escapes shall only be utilized by those capable of self-preservation when utilizing this system.
	9.  The Board hereby grants a variance from the provisions of sections 31.2.1.1 and 7.5.2.1 in order to allow the Applicant to maintain the location of the existing fire escapes on the second floor units 3 and 6.  
	10.  The Board hereby grants a variance from the provisions of sections 31.2.2.2.1 and 7.2.1.4.4 in order to allow the Applicant to maintain the existing swing of door 13 over the landing of door 12.  This variance is based upon existing structural hardship.
	11.  The Board hereby directs the Applicant to correct deficiency 11 by properly separating the laundry area from the other areas of the building, at the direction and to the satisfaction of the Providence Fire Marshal's office, prior to re-occupancy.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by providing a remote shut-off to the boiler of this facility, at the direction and to the satisfaction of the Providence Fire Marshal's office prior to re-occupancy.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing approved local smoke detection devices in the bedrooms that are interconnected with the combination smoke and carbon monoxide detection devices outside the bedrooms, at the direction and to the satisfaction of the Providence Fire Marshal's office prior to re-occupancy.
	14.  The Board hereby directs the Applicant to correct deficiency 14 by including within the sprinkler calculations the basement level of this facility at the direction and to the satisfaction of the Providence Fire Marshal's office, prior to re-occupancy.  The Board further directs that the sprinkler system shall be in place and operational prior to re-occupancy of this facility.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by limiting the travel distance from the storage area on the west side of the basement to the allowable distance of fifty (50) feet at the direction and to the satisfaction of the Providence Fire Marshal prior to re-occupancy.
	16.  The Board hereby directs the Applicant to correct deficiency 16 as part of its plan for correction of deficiency 3 above.  
	17.  In order to address the sprinkler issues of this facility, the Board directs the Applicant to provide sidewall sprinklers.  The Board further directs the Applicant to provide testing of the emergency lighting and its power.  Finally, the Board notes that the proposed sprinkler system will have to be modified to address changes to the architectural plans for the basement and the third floors of this facility.  The Board further finds that calculations for the basement shall be submitted based on NFPA 13 while the third floor calculations may be based upon NFPA 13R.  The sprinkler system shall be installed at the direction and to the satisfaction of the Providence Fire Marshal prior to re-occupancy.  Finally, it is the understanding of the Board that the Applicant conducts quarterly fire drills for this facility and that all of the occupants are capable of self-preservation 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 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)].