The above-captioned case was scheduled for hearing on May 22, 2007 at 1:00 P.M.  At that time, Acting Chairman Preiss and Commissioners Richard, Blackburn, Jasparro, Jackson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  An initial motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro to grant the Applicant relief from the provisions of section 7.2.2.2.1 in order to construct the stairwells within this facility in accordance with the State Building Code.  This motion was unanimous.  A second motion, to grant the Applicant relief as outlined in items 2, 3 and 4 below, was made by Commissioner Blackburn and seconded by Commissioner Jackson.  This motion also was unanimous.

FINDINGS OF FACT
	During the May 22, 2007 hearing on this matter, the Board had before it an April 18, 2007 construction inspection report compiled by the Providence Fire Marshal's office and an April 25, 2007 appendix prepared by Schirmer Engineering to the variance application submitted in this case.  Accordingly, the Board hereby incorporates the April 18, 2007 construction inspection report along with the April 25, 2007 variance application appendix as its initial findings of fact.  
The Board further finds that the property under construction shall contain two (2) high-rise residential towers including a total of 193 dwelling units of which twenty-five (25) are two-story (town house style) units.  The Board further finds that the Applicant had recently discovered that the RI Fire Safety Code section 7.2.2.2.1 requires stairway treads and risers within a dwelling unit to maintain dimensions that are not the same as the RI Building Code, under which many of these stairways have been constructed.  The Board further finds that the P-2 and P-3 parking levels of this facility were constructed with limitation on the head room.  The Board further finds that there are issues with the stud wall construction of this facility.  Finally, the Board finds that the Applicant is requesting that the Providence Fire Marshal's office be authorized to approve the issuance of temporary certificates of occupancy for all or part of this complex.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1 in order to allow the Applicant to build and maintain the treads and risers of the stairways within the dwelling units in accordance with the State Building Code.
	2.  The Board hereby grants a variance from the provisions of section 7.1.5.1 in order to allow the Applicant to maintain the cited head room within the P-2 and P-3 levels of the parking structure of this complex.  The Board further grants the Providence Fire Marshal's office the authority to grant the Applicant relief from any remaining head room issues found on this project.
	3.  The Board hereby grants a variance from the cross-bracing requirements as outlined in item 7 of the April 18, 2007 construction inspection report in order to allow the Applicant to brace the cited walls to the structural steel members as approved by the Providence Fire Marshal's office.  The Board further grants the Providence Fire Marshal's office the authority to approve similar bracing, proposed by the Applicants engineer, throughout this complex.
	4.  The Board hereby grants the Providence Fire Marshal's office the authority to approve the issuance of a temporary certificate of occupancy for all or part of this complex.

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)].