The above captioned case was scheduled for hearing on July 17, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Pearson, Richard, Evans, Wahlberg, OConnell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Arthur Laurenson of the Providence Fire Marshals Office.  A motion was made by Commissioner Evans and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a November l3, 2000 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 July l7, 2001 hearing on this matter. Accordingly, the Board hereby incorporates November l3, 2000 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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby directs the Applicant to correct deficiency l by providing the cited fire escape ladders with proper termination and to further provide the cited windows in the area of the fire escape with wired glass, a the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the cited gas-fired devices with approved air ventilation.  The Board hereby directs the Applicant to certify the approved ventilation with the Providence Mechanical inspector.

3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited basement with approved fire extinguishers, to the satisfaction of the Providence Fire Marshal.

4.	The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved egress fire escapes, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l6-2(f) in order to allow the Applicant to maintain the existing rating and construction of the cited interior egress system of this facility.  In granting this variance, the Board directs the Applicant to provide the wood surfaces of the stairways with an approved Class A finish, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

6.	The Board hereby grants a variance from the provisions of Section 23-28.l6-3(a) in order to allow the Applicant to maintain egress through kitchens and to allow fire escape access through bedroom windows.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors, within one hundred and twenty (l20) days from the date of this Decision.

7.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(a) in order to allow the Applicant to not segregate the cited stairways with fire resistant materials.  In granting this variance, the Board notes that the Applicant shall provide this facility with an approved fire alarm system.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l6-5(c) in order to allow the Applicant to maintain one approved handrail on the interior stairs of this facility.  This variance is based on structural hardship and in the absence of an objection by the Providence Fire Marshals Office.

9.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6(a) in order to allow the Applicant to maintain the existing swing of the cited exterior doors of this facility. 

10.	 The Board hereby grants a variance from the provisions of Section 23-28.l6-6(b) in order to allow the Applicant to provide the cited apartment doors with approved spring-loaded hinges.  It is the understanding of the Board that this item is already in compliance.

11.	The Board hereby grants a variance from the provisions of Section 23-28.l6-6(c) in order to allow the Applicant to provide the existing apartment door jambs of this facility with approved steel doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be installed at the direction and to the satisfaction of the Providence Fire Marshals Office, within one hundred and twenty (l20) days from the date of this Decision.

12.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the Providence Fire Marshals Office, within one hundred and twenty (l20) days from the date of this Decision.

13.	It is the understanding of the Board that the Applicant has corrected deficiency l3 by providing this facility with approved fire extinguishers.

14.	As a condition of all of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm and smoke detector system, installed in accordance with the provisions of Section 23-28.25-4(a) and Section 23-28.34-2 through 4, at the direction and to the satisfaction of the Providence Fire Marshals Office, within one hundred and twenty (l20) days from the date of this Decision.

15.	The Board hereby directs the Applicant to correct deficiency l5 by removing the cited debris from the basement, at the direction and to the satisfaction of the Providence Fire Marshal.

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.
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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]