The above-captioned case was scheduled for hearing on March 9, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Filippi, Burlingame, Coutu and Pearson 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 Preiss to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a February 20, 2004 plan review 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 9, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the February 20, 2004 plan review 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.
	
Specifically, the Board finds that this is a three (3) story unprotected non-combustible facility with approximately forty five (45) dwelling units.  The Board further finds that there are three (3) egress stairs within this facility one (1) located in the north end and one (1) located in the south end and the third located in the center part of the facility.  The Board was further advised and finds that this facility is fully sprinklered and further protected by a municipally connected fire alarm system.  It is the understanding and finding of the Board that the building was occupied between 1988 and 1995 without a certificate of occupancy. Finally, it is the understanding of the Board that the building was then vacated in 1995 and remains unoccupied at president.

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 the Providence Fire Marshal’s Office with approved certification by the architect of record that the cited stairwell enclosures are properly rated and properly segregated and maintain the appropriate continuity of construction.  It is the understanding of the Board that the HVAC shafts have been removed and that abandoned dryer ducts have now been utilized for wire conduit.  It is the further understanding of the Board that this facility maintains roof top and HVAc units.  Finally, it is the understanding of the Board that the Applicant is proposing to access and fill in any void areas with an approved compound, at the direction and to the satisfaction of the Providence Fire Marshal’s Office prior to occupancy.  Accordingly, the Applicant shall certify the stairways and further prepare all penetrations and other openings, at the direction and to the satisfaction of the Providence Fire Marshal’s Office before occupancy.
	
2. It is the understanding of the Board that the Applicant shall correct deficiency #2, at the direction to the satisfaction of the Providence Fire Marshal’s Office, before occupancy.
	
3. The Board hereby directs the Applicant to correct deficiency #3, at the direction and to the satisfaction of the Providence Fire Marshal’s Office before occupancy of this facility.
	
4. The Board hereby grants a variance from the provisions of section 7.1.3.2.1(6) in order to allow the Applicant to maintain the floor gas pipes in the north stairway and the one gas pipe in the middle stairway with an approved triple 5/8 inch sheet rock assembly enclosing the above lines, at the direction and to the satisfaction of the Providence Fire Marshal’s Office prior to occupancy of this facility.  The Board hereby further directs the Applicant to segregate all remaining penetrations through the stairways with one (1) hour rated materials at the direction and to the satisfaction of the Providence Fire Marshal before occupancy of this facility.  This would include all of the referenced bundled low voltage wiring.  The Board hereby grants a variance in order to allow the central stairway not to be separated from the remaining corridors.  This variance is based on structural hardship.  The Board notes the objection of the Providence Fire Marshal’s Office to these variances.
	
5. The Board hereby directs the Applicant to correct deficiency #5 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy of this facility.
	
6. The Board hereby grants a variance from the provisions of section 7.2.2.4.10 in order to allow the Applicant to maintain the original design of the handrail system of this facility.  In granting this variance, the Board notes that there is not enough wall surface space to bring this existing handrail system into compliance with the current requirements.  Finally, the Board directs the Applicant to make any additional handrail modification requested by the Providence Fire Marshal’s Office to prevent impediment to egress within this facility.
	
7. The Board hereby directs the Applicant to correct deficiency #7 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.
	
8. The Board hereby directs the Applicant to correct deficiency #8 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.
	
9. The Board hereby directs the Applicant to correct deficiency #9 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.
	
10. The Board hereby directs the Applicant to have an engineer of record explain the venting design of the newly proposed laundry room within this facility and document the same for approval of the Providence Fire Marshal’s Office before occupancy.  Specifically, the Applicant shall comply with any additional safeguard requested by the Providence Fire Marshal’s Office with regards to the above venting system.
	
11. The Board hereby directs the Applicant to correct deficiency #11 at the direction to the satisfaction of the Providence Fire Marshal before occupancy.	
	
12. The Board hereby directs the Applicant to correct deficiency #12 at the direction to the satisfaction of the Providence Fire Marshal before occupancy.
	
13. It is the understanding of the Board that the Applicant has provided three (3) layers of fire rated sheet rock over the cables located in the stairwells of this facility.  Accordingly, the Board shall allow this assembly to be maintained in lieu of fire stopping.
	
14. During the March 9, 2004 hearing on this matter, the Board was further advised that the Applicant has agreed to provide this facility with an inactive hydrant installed at the direction and to the satisfaction of the Providence Fire Marshal prior to the re-occupancy of the facility.

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)].