The above-captioned case was scheduled for hearing on March 16, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners O’Connell, Coutu, Preiss, Newbrook and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Burlingame 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 November 21, 2003 inspection 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 March 16, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the November 21, 2003 inspection 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 directs the Applicant to correct deficiency #1 by providing this facility with approved exit signage installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	
3.  The Board hereby grants a variance from the provisions of section 37.2.2.2.7 in order to allow the Applicant to maintain the existing swing of the egress door.  In granting this variance, the Board notes that re-swinging the door onto the sidewalk could impede pedestrian travel.  Accordingly, the Providence Fire Marshal’s office has no objection.
	
4.  The Board hereby grants a variance from the provisions of section 37.2.1.2 in order to allow the Applicant to maintain the existing construction and rating of the front and rear stairwells of this facility and to further provide the existing apartment door jambs of this facility with approved solid core doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshal’s office within 120 days of the date of this decision.  Finally, the Board grants a variance from the above provisions in order to allow the Applicant to maintain the existing winding stairs in the stairway of this facility.  This variance is based on structural hardship.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by removing all obstacles near the windows leading to the existing fire escapes and by creating a thirty-six (36) inch wide space near such windows free of the obstacles.  The Board further directs the Applicant to remove all bars on the fire escape access windows or other emergency means of egress windows at the direction and to the satisfaction of the Providence Fire Marshal and to further have all of the fire escapes inspected by an approved party, at the direction and to the satisfaction of the Providence Fire Marshal.  The Applicant shall have a time period of 120 days to make the above corrections to the satisfaction of the Providence Fire Marshal.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal or designee, within 120 days of the date of this decision.
	
7.  The Board hereby grants a variance from the provisions of section 31.3.5.3 in order to allow the Applicant to provide the egress system of this facility and both sides of all egress system doors with an approved system of domestically supplied sprinkler heads, engineered and installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	
8.  During the March 16, 2004 hearing on this matter, the Board was advised and finds that the furnace in the facility has an approved remote shut off switch.  The Board was further advised and finds that the extinguishers in this facility are in compliance with the code.  Accordingly, the Board directs the Applicant to maintain the remote shut off switch and the fire extinguishers within this facility at the direction and to the satisfaction of the Providence Fire Marshal.

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)].