The above-captioned case was scheduled for hearing on July 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an April 15, 2004 plans review 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 the July 13, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the April 15, 2004 plans review 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.  The Board hereby grants a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the existing separation between the business and the one-family dwelling unit within this facility.
	
2.  The Board hereby grants a variance from the provisions of sections 38.2.2.3, 7.2.2 and 7.1.3.2.1 in order to allow the Applicant to maintain the existing rating of the cited stair enclosure of this facility.  In granting this variance, the Board notes that all openings through the existing walls are protected with 1 ¾ inch solid core wood doors with self-closures and that this stairway is utilized by a maximum of five (5) people.  Finally, it is the understanding of the Board that the Applicant has provided this facility with an approved local fire alarm system throughout.
	
3.  The Board hereby grants a variance from the provisions of sections 38.3.1.1 and 8.6.8.2 in order to allow the Applicant to maintain the cited existing spiral stairs between the basement and the first floor of this facility.  In granting this variance, the Board also notes that this facility will be protected by a local fire alarm system throughout and that the 27” spiral stairs is used as a convenience access between the upper and lower levels of the same office space.  
	
4.  The Board hereby grants a variance from the provisions of section 8.7.1.1 in order to allow the Applicant to enclose the existing furnace room with one-hour rated materials as much as physically possible at the direction and to the satisfaction of the Providence Fire Marshal’s office and to further protect the overhead piping to the boiler with an approved domestically supplied sprinkler head, installed 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 by providing the approved handrails or guards where needed at the direction and to the satisfaction of the Providence Fire Marshal’s office within ninety (90) days of the date of this decision.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Providence Fire Marshal immediately.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by providing approved carbon monoxide detection on the second floor bedroom area of this facility within ninety (90) days of 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)].