The above-captioned case was scheduled for hearing on August 30, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Preiss, Burlingame, Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Silva and Fournier of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Vice Chairman Coutu 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 a February 7, 2005 license transfer 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 August 30, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the February 7, 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, 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  5.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Providence Fire Marshals office within sixty (60) days of the date of this decision.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by achieving separation that is satisfactory to the Providence Fire Marshal's office, at the direction and to the satisfaction of that office, within sixty days of the date of this decision.
	7.  The Board hereby grants a variance from the provisions of section 37.2.4.1 in order to allow the Applicant to maintain a single means of egress from the basement of this facility.  In granting this variance, it is the understanding and direction of the Board that the basement shall be utilized for storage only and shall be considered a non-occupied space. 
	8-10.  The Board hereby directs the Applicant to correct deficiencies 8, 9 and 10 at the direction and to the satisfaction of the Providence Fire Marshals office within sixty (60) days of the date of this decision.
	11.  The Board hereby grants a variance from the provisions of sections 31.2.2.2.1 and 7.2.1.2.4 in order to allow the Applicant to maintain the existing 29 width of the apartment doors within this facility.  This variance is granted on the basis of structural hardship.
	12.  The Board hereby directs the Applicant to correct deficiency 12 by providing the cited apartments with approved solid core or steel doors maintaining an approximate fire rating of twenty (20) minutes, at the direction and to the satisfaction of the Providence Fire Marshal within sixty (60) days of the date of this decision.  
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing the apartment doors of this facility with approved self-closing hinges, installed at the direction and to the satisfaction of  the Providence Fire Marshals office, within sixty (60) days of the date of this decision.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing this facility with approved fire extinguishers in each apartment at the direction and to the satisfaction of the Providence Fire Marshals office.
	15.  It is the understanding of the Board that the Applicant has corrected deficiency 15 by providing the apartment hallways with an approved flame spread rating, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of  the Providence Fire Marshals office.
	17-19.  The Board hereby directs the Applicant to correct deficiencies 17, 18 and 19 at the direction and to the satisfaction of the Providence Fire Marshals office within sixty (60) days of the date of this decision.
	20.  The Board hereby grants a variance from the provisions of sections 31.2.2.7 and 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing width of the front stairway serving the cited apartment.  This variance is based on structural hardship in the absence of an objection by the Providence Fire Marshals office.  In granting this relief, and any other relief noted herein, it is the understanding of the Board that this facility is further protected by a municipally connected fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshals 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)].