The above-captioned case was scheduled for hearing on June 5, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Jasparro, Preiss, Jackson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Michael Brown and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Jasparro and Jackson 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 April 18, 2005 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 June 5, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the April 18, 2005 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for sprinkler coverage within this building and an additional five (5) months from the end of the above thirty day period in which to provide this facility with approved sprinkler coverage.  The Board hereby grants the Providence Fire Marshal's office the authority to extend the above deadline for good faith efforts shown.  Finally, the Board shall maintain this as an open file until the building is brought into compliance with the decision.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with approved municipal connection of the fire alarm system at the direction and to the satisfaction of the Providence Fire Marshal's office within six (6) months of the date of this decision.
	3-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 3 and 4 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 at the direction and to the satisfaction of the Providence Fire Marshal's office within six (6) months of the date of this decision.
	6.  The Board hereby grants a variance from the provisions of sections 29.2.2.3 and 7.2.1.3.2 in order to allow the Applicant to maintain the existing dimensions of the fourth floor rear landings.  This variance is based upon structural hardship.
	7.  The Board hereby grants a variance from the provisions of section 7.1.3.2.2 in order to allow the Applicant to maintain the existing discontinuity of the front staircase enclosure as described in item 7 of the April 18, 2005 inspection report.  This variance is based upon structural hardship.
	8-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 8 and 9 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	10-11.  The Board hereby directs the Applicant to correct deficiencies 10 and 11, at the direction and to the satisfaction of the Providence Fire Marshal's office within six (6) months of the date of this decision.
	12.  The Board hereby grants a variance from the provisions of sections 29.2.2.2.1 and 7.2.1.3.6 in order to allow the Applicant to maintain the existing dimensions and configuration of the staircase in the rear of this building.  This variance, not to require a landing, is based upon structural hardship.
	13.  The Board hereby grants a variance from the provisions of sections 29.2.2.3 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing cited winding stairs.  This variance is also based upon structural hardship.
	14.  The Board hereby grants a variance from the provisions of sections 29.2.2.3, 7.2.2.3.6 and 7.2.2.3.6.1 in order to allow the Applicant to maintain the existing cited stairway risers.  This variance is also based upon structural hardship.
	15.  The Board hereby directs the Applicant to immediately correct deficiency 15 by removing the cited portable heaters and advising the tenants that such heaters shall not be allowed at any time.
	16-17.  It is the understanding of the Board that the Applicant has corrected deficiencies 16 and 17 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	18.  The Board hereby grants a variance from the provisions of section 7.1.3.2.1 in order to allow the Applicant to maintain the existing construction of the front and rear stairway enclosures of this facility with the above sprinkler and fire alarm protection.  This variance is based upon structural hardship.
	19.  The Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in order to correct deficiency 19 by providing an approved exit discharge to the public way, at the direction and to the satisfaction of the Providence Fire Marshal.
	20.  It is the understanding of the Board that the Applicant has corrected deficiency 20 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	21.  The Board hereby grants a variance from the provisions of sections 29.2.2.2.1 and 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the cited front door.  In granting this variance on the basis of structural hardship, the Board notes that re-swinging the front door could potentially impede pedestrian traffic on the sidewalk in the front of the building.

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)].