A subcommittee of the Board toured the subject facility and prepared a plan of action with the Applicant and the Providence Fire Marshals office.  The subcommittee report was presented to the Board on December 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion to approve the subcommittee report was made by Commissioner Blackburn and seconded by Commissioner Newbrook.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 18, 2004 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the subcommittee, the Board, the Applicant and the Providence Fire Marshals Office during the various hearings on this matter.  Accordingly, the Board hereby incorporates the February 18, 2004 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the various hearings and meetings on this facility, the Board was advised that the business portion of this facility is approximately 350 square feet in area and that the Applicant planned to reconfigure the original interior space to maintain an occupancy of less than fifty (50).  The Board notes that prior to the revisions of the fire code, an existing building with an occupancy of less than seventy-five (75) people would be classified as an existing business.  Accordingly, the Board hereby grants the Applicant a time variance until March 31, 2006, to reconfigure the interior space in order to reduce the occupancy of this facility to less than fifty (50) people at any one time.
	2a.  The Board hereby directs the Applicant to address the front door deficiencies of this facility by removing the cited steel bar security system during all hours of occupancy and to further utilize a double key dead-bolt to remain open during all hours of occupancy.  The above correction shall be made at the direction and to the satisfaction of the Providence Fire Marshals office on or before March 31, 2006.
	2b.  The Board hereby grants a variance in order to allow the Applicant to maintain the double keyed deadbolt on the door leading to the normally unoccupied basement.  The Board directs that this door shall remain open during all hours that the basement is occupied.  The Board notes that no public shall be allowed in the basement at any time.
	2c.  The Board hereby grants a variance in order to allow the Applicant to utilize the bulkhead door as an emergency means of egress and to provide the bulkhead with an emergency key left on-site, at the direction and to the satisfaction of the Providence Fire Marshals office.  
	3.  The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the Providence Fire Marshal by maintaining the egress system and repairing all components thereof to assure the proper operation of the egress system.  The Board hereby directs the Applicant to effect the above corrections on or before March 31, 2006.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by properly repairing the wall assemblies and ceilings, at the direction and to the satisfaction of the Providence Fire Marshals office on or before March 31, 2006.
	5-8.  The Board hereby directs the Applicant to correct deficiencies 5, 6, 7 and 8 at the direction and to the satisfaction of the Providence Fire Marshals office on or before March 31, 2006.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing the building with approved proper address numbers.
	10-12.  The Board hereby directs the Providence Fire Marshals office to turn deficiencies 10, 11 and 12 to the Providence Mechanical Inspector for initial review.  After the Providence Mechanical Inspector has reviewed deficiencies 10, 11 and 12, the Board hereby directs the Applicant to make any corrections deemed necessary by the Providence Mechanical Inspector and/or the Providence Fire Marshal prior to March 31, 2006.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by relocating the cited dumpster.
	14.  The Board hereby directs the Applicant to correct deficiencies 14(a)(b) and (c) as outlined above.
	15.  The Board hereby directs the Applicant to correct deficiency 15 as outlined above.
	16.  The Board hereby directs the Applicant to correct deficiency 16 by reducing the occupancy of this facility to below fifty (50) people and not to utilize the fourth floor of this facility for any type of occupancy.  Finally, the Board directs the Applicant to provide any additional separation deemed necessary by the Providence Fire Marshals office.  However, the Board understands that the Applicant shall not be able to provide an approved two-hour separation due to the existing construction of this facility.
	17.  The Board hereby directs the Providence Fire Marshal to refer deficiency 17 to the Providence Department of Inspections and Standards.  The Board hereby directs the Applicant to correct deficiency 17 at the direction and to the satisfaction of the Providence Department of Inspections and Standards and the Providence Fire Marshals office on or before March 31, 2006.
	18.  The Board hereby directs the Applicant to correct deficiency 18 at the direction and to the satisfaction of the Providence Fire Marshals office.
	19.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing doors and assemblies from the apartments of this facility and to provide these doors with spring loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshals office, on or before March 31, 2006.
	20-22.  The Board hereby directs the Applicant to correct deficiencies 20, 21 and 22 at the direction and to the satisfaction of the Providence Fire Marshals office prior to March 31, 2006.
	23(a).  The Board hereby directs the Applicant to correct deficiency 23(a), regarding the cracked landing outside the front door, at the direction and to the satisfaction of the Providence Fire Marshal, on or before March 31, 2006.
	23(b).  The Board hereby grants a variance from the provisions of section 7.1.6.2 in order to allow the Applicant to maintain the existing cited walking surfaces within this facility.  This variance is based on structural hardship in light of the age of this facility.
	23(c).  The Board hereby directs the Applicant to correct deficiency 23(c), addressing the door to the rear of the building, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	24(a).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing basement door step-down, on the basis of structural hardship.
	24(b).  The Board hereby directs the Applicant to correct deficiency 24(b) at the direction and to the satisfaction of the Providence Fire Marshals office.
	25(a).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the cited apartment door of this facility.
	25(b).  It is the understanding of the Board that the Applicant has corrected deficiency  25(b) relating to the basement door swing of this facility.
	26.  The Board hereby directs the Applicant to correct deficiencies 26 (a)(b)(c) and (e) in accordance with the plans outlined above.
	26(d).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited deadbolt on the rear door of this facility on the basis of security hardship.  The Board hereby directs the Applicant to replace the cited deadbolt with a double keyed deadbolt on the front door of this facility as outlined above.
	27.  The Board hereby directs the Applicant to correct deficiency 27 as outlined above.  The Board directs that the Applicant correct the remainder of this deficiency at the direction and to the satisfaction of the Providence Fire Marshals office.
	28.  It is the understanding of the Board that the Applicant has corrected that portion of deficiency 28 involving the poor condition of the steps.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the stairway leading to the basement of this facility.  
	29.  It is the understanding of the Board that the Applicant has corrected deficiency 29 by properly enclosing the underside of the stairs leading to the upper floors of this facility.
	30.  The Board hereby directs the Applicant to correct deficiency 30 by providing an additional key to the bulkhead as outlined above.
	31.  The Board hereby grants a variance from the provisions of section 7.7.1.1 on the basis of security hardship and in the absence of an objection by the Providence Fire Marshals office.
	32.  The Board hereby directs the Applicant to correct deficiency 32 by providing this facility with approved emergency lighting as part of the fire alarm package, at the direction and to the satisfaction of the Providence Fire Marshal or designee, on or before July 1, 2006.  
	33.  The Board hereby directs the Applicant to correct deficiency 33 by providing this facility with approved exit signage, as part of the fire alarm package, on or before July 1, 2006.
	34.  The Board notes that deficiency 34 will be moot if the Applicant reduces the occupancy as outlined above.
	35.  The Board directs the Applicant to correct both deficiencies listed as item 35 at the direction and to the satisfaction of the Providence Fire Marshal's office on or before March 31, 2006.
	36-37.  The Board hereby directs the Applicant to correct deficiencies 36 and 37 at the direction and to the satisfaction of the Providence Fire Marshal or inspection division, on or before March 31, 2006.
	38.  In light of the double occupancy of this facility, the Board notes that if the Applicant cooks within this facility, he shall be required to provide it with an approved municipal fire alarm system.  However, if the Applicant removes the cooking equipment from this facility and installs only a microwave or approved convection oven only to be used to reheat food, the Applicant may be allowed to provide this facility with an approved local fire alarm system.
	39-47.  The Board hereby directs the Applicant to correct deficiencies 39, 40, 41, 42, 43, 44, 45, 46 and 47 at the direction and to the satisfaction of the Providence Fire Marshals office, on or before March 31, 2006.
	48.  The Board hereby directs the Applicant to correct deficiency 48 by repairing the cited cover plate, at the direction and to the satisfaction of the Providence Fire Marshals office on or before March 31, 2006.
	49.  During the subcommittee review of this facility, the Applicant advised the Board that he would remove the original cooking system and only reheat food.  Accordingly, if the Applicant has provided this facility with equipment that would only reheat food and not generate grease-laden vapors, the Board notes that deficiency 49 would be moot.
	50.  The Board hereby directs the Applicant to correct deficiency 50 by providing this facility with an approved Class K fire extinguisher, at the direction and to the satisfaction of the Providence Fire Marshals office on or before March 31, 2006.
	51.  It is the understanding of the Board that the Applicant has corrected deficiency 51 by properly treating all of the wood paneling within this facility.
	52.  It is the understanding of the Board that the Applicant has corrected deficiency 52 by properly treating all of the interior finish within this facility.
	53.  The Board hereby directs the Applicant to provide this facility with an approved fire alarm system, on or before July 1, 2006.  In the event the Applicant eliminates all cooking and only reheats food in this facility, the Board would recommend the installation of a local fire alarm system.  
	Note 1.  It is the understanding of the Board that Note 1 is moot, in that the Applicant shall eliminate the use of this facility as a place of assembly.
	Note 2, Note 3.  It is the understanding of the Board that the Applicant shall correct deficiencies outlined in Notes 2 and 3 as outlined above.

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)].