The above-captioned case was scheduled for hearing on May 11, 2004 at 1:00 P.M.  Prior to this hearing, a subcommittee of the Board toured this facility and conducted an on-site subcommittee review.  During the full meeting on this matter, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to accept the subcommittee recommendations and grant the Applicant relief as outlined herein.  The motion passed with Chairman Farrell abstaining from this vote.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a March 18, 2004 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during both the subcommittee review and the full hearing on this matter.  Accordingly, the Board hereby incorporates the March 18, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. During the May 11, 2004 hearing on this matter, the Board advised the Applicant and the Providence Fire Marshal’s Office that it would leave this file open pending modification to the sprinkler legislation and also to allow for the Applicant and/or the Providence Fire Marshal to return during the permitting process.  The Board further directs the applicant to work with the Providence Fire Marshal and the Providence Building official’s office in securing the necessary electrical, mechanical, plumbing and other permits to complete the necessary work on this facility.  As a condition of the variances granted herein, the Board directs the Applicant to correct all cited electrical and mechanical deficiencies in this building within ninety (90) days from the date of this decision.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide each of the apartment units of this facility and the business with approved local fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal within fifteen (15) days from the date of this decision and to further repair and/or replace all single station smoke detectors within thirty (30) days from the date of this decision at the direction and to the satisfaction of the Providence Fire Marshal’s Office.  The Board further directs the Applicant to secure a fire alarm contract for an installation of a municipally connected fire alarm system throughout this facility, within thirty (30) days from the date of this decision and to have installed the municipally connected fire alarm system within 120 days from the date of this decision.  All other deficiencies not outlined within the time above, shall be completed by the Applicant within the 120 days from the date of this decision.
	
In light of the above, the Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency #1 by properly installing the cited hood and duct system in this facility.  The Board further directs the Applicant that within the first thirty (30) days of the above period to secure inspection of the hood and duct by the Providence Fire Marshal and the mechanical inspector of the City of Providence.
	
2. The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision to have the above hood and duct inspected and plans drawn up and maintained on the premises.
	
3. The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency #3 by repairing and/or replacing the cited electrical wiring throughout this facility.  In granting this variance, the Board directs the Applicant to have the wiring of this facility inspected by the Providence Fire Marshal and the electrical inspector within thirty (30) days from the date of this decision.
	
4. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct the doors of this facility by providing all of the cited door jambs with at least a solid core or steel door having an approximate rating of twenty (20) minutes, at the direction and to the satisfaction of the Providence Fire Marshal.
	
5. The Board hereby grants a variance from the provisions of sections 7.2.1.3.1, 7.2.1.3.2 and 7.2.1.3.3 as they relate to the cited step up and step down at the rear egress from the kitchen of this facility.  This variance is based on structural hardship.
	
6. The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency #6 by properly installing the cited gas heater in this facility at the direction and to the satisfaction of the mechanical inspector and the Providence Fire Marshal’s Office.  As a condition of this variance, the Board directs the Applicant to have the gas heater inspected by both the mechanical inspector and the Providence Fire Marshal within thirty (30) days of the date of this decision.
	
7. The Board hereby directs the Applicant to correct deficiency #7 by providing an approved system of domestically supplied sprinkler heads throughout the basement and the stairs of this facility in order to protect the other levels of this facility from the equipment located in the basement.  The above system of domestically supplied sprinkler heads shall be properly engineered at the direction and to the satisfaction of the Providence Fire Marshal and shall further be installed within 120 days from the date of this decision.
	
8. The Board hereby directs the Applicant to correct deficiency #8 as part of the fire alarm package of this facility by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days from the date of this decision.  As a condition of this time variance, the Applicant is directed to provide the Providence Fire Marshal’s Office with a contract covering the fire alarm, emergency lighting and exit signage systems within thirty (30) days of the date of this decision.
	
9. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to provide this facility with approved exit signage as part of the fire alarm contract for this facility.  In granting this time variance, the Board directs the Applicant to provide the Providence Fire Marshal’s Office with an approved fire alarm contract including the installation of emergency lights and exit signs as outlined above.
	
10. As outlined above, the Board hereby grants the Applicant a period of ninety (90) days to correct deficiency #10 by reviewing the cited deficiencies with both the Providence Fire Marshal and the Building Official.  The Board further directs the Applicant to arrange a review of this facility by the Providence Fire Marshal and the Building Official within thirty (30) days from the date of this decision.  Finally, the Board directs the Applicant to provide approved remote switches and thermal detection on the boilers of this facility and to provide domestically supplied sprinkler heads over all of the heaters installed in any apartment closet and over the other heating units of this facility at the direction and to the satisfaction of the Providence Fire Marshal within ninety (90) days from the date of this decision.
	
11. The Board hereby grants a variance from the provisions of section 7.1.5.3 in order to allow the Applicant to maintain the existing headroom within this facility along with any warning systems deemed necessary by the Providence Fire Marshal’s Office.  This variance is based upon structural hardship.
	
12. The Board hereby grants a variance from the provisions of section 7.2.2.3.6 as it relates to the dimensional uniformity of the stairways leading from the basement of the kitchen of this facility.  This variance is granted on basis of structural hardship, in light of the limited occupancy of this facility.
	
13. It is the understanding of the Board that the Applicant has corrected deficiency #13 by removing the cited bars on windows in apartments five (5) and six (6) to the satisfaction of the Providence Fire Marshal.
	
14. It is the understanding of the Board that the Applicant has corrected deficiency #14 by removing the cited bars with pad locks blocking access to the fire escape of this facility at the direction and to the satisfaction of the Providence Fire Marshal.
	
15. The Board hereby directs the Applicant to correct deficiency #15 by providing approved separation of the furnaces of this facility at the direction and to the satisfaction of the Providence Fire Marshal and to further provide the furnaces with approved domestically supplied sprinkler heads as outlined above.  The above separation of the furnaces shall be accomplished within 120 days from the date of this decision.
	
16. The Board hereby directs the Applicant to correct deficiency #16 by having the fire escapes of this facility certified by a structural engineer at the direction and to the satisfaction of the Providence Fire Marshal and/or mechanical inspector within 120 days from the date of this decision.
	
17. The Board hereby grants a variance from the provisions of section 7.1.5.1 in order to allow the Applicant to maintain the existing cited ceiling height on the third floor of this facility on the basis of structural hardship.
	
18. The Board hereby grants a variance from the provisions of sections 7.1.5.1.1.1 in order to allow the Applicant to maintain the existing height of the doors leading to apartments 10, 11 and 12.  This variance is based on structural hardship.
	
19. The Board hereby grants the Applicant a time variance in order to provide this facility with an approved municipally connected fire alarm system, emergency lights and exit signs within 120 days from the date of decision and at the direction and to the satisfaction of the Providence Fire Marshal’s Division of Communication.  The Board further directs the Applicant to provide additional single station smoke and carbon monoxide detection throughout this facility within the above time frame.  The Applicant is hereby directed to provide the Providence Fire Marshal’s Office with an approved plan of action for the installation for the above alarm devices within thirty (30) days from the date of this decision.
	
20. The Board hereby directs the Applicant to correct deficiency #20 by providing approved domestic sprinkler heads over the boilers in the basement and each apartment unit of this facility at the direction and to the satisfaction of the mechanical inspector and the Providence Fire Marshal’s Office within the time period outlined in item #10 above.  In light of the above fire alarm and domestic sprinkler protection, the Board hereby grants the applicant a variance from strict separation of the occupancies of this facility in order to provide limited separation in those areas deemed necessary by the Providence Fire Marshal’s Office.  Accordingly, the Applicant shall provide the above limited separation at the direction and to the satisfaction of the Providence Fire Marshal within 120 days from the date of this decision.

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 Applicant’s 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 Board’s 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 Board’s 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)].