The above-captioned case was scheduled for hearing on June 8, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Pearson, Filippi, O’Connell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the June 8, 2004 hearing on this matter, the Board was advised and finds that the Applicant’s client, the Providence Housing Authority, wishes to avoid the installation of landing gates in both egress stairs which serve the two building floors plus the basement.  The Providence Housing Authority’s concern is that vandalism and misuse by the teenage client population served by this facility could render the gates both inoperable and a hazard to the egress from the basement.  The Board was further advised and finds that the occupancy of the upper floor, the people that the gates are supposed to redirect, are office employees of the Providence Housing Authority and that they are completely familiar with the building.  The client population uses spaces that are all on the basement and/or first level.
	
The Board was further advised and finds that the Authority seeks permission to add additional signage in lieu of the egress gates.  The Applicant has agreed that the signage shall be at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance from the provisions of section 7.7.3 in order to allow the Applicant not to have to provide approved landing gates in both of the egress stairs which serve the two (2) building floors plus the basement of this facility.  In granting this variance, the Board notes that the Providence Fire Marshal’s Office has no objection in light of the potential vandalism which could render the gates inoperable and therefore become an egress hazard.  Finally, as a condition of this variance, the Board directs the Applicant to provide approved alternative signage at the direction and to the satisfaction of the Providence Fire Marshal’s 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 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)].