The above-captioned case was scheduled for hearing on January 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Vartian of the North Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook 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 December 11, 2003 inspection report compiled by the North Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshal’s Office during the January 20, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the December 11, 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 properly swinging the cited entrance doors of this facility at the direction and to the satisfaction of the North Providence Fire Marshal within 120 days of the date of this decision.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the existing rating and separation requirements of the egress stairways within this facility.  In granting this variance, it is the understanding of the Board that the North Providence Fire Marshal has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.
	
3(a).  The Board hereby grants a variance from the provisions of section 23-28.16-5(f) in order to allow the Applicant to maintain the existing dimensions of the cited stair treads and risers within this facility.  This variance is based on structural hardship in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.
	
3(b).  The Board hereby grants a variance from the provisions of section 23-28.16-5(e) in order to allow the Applicant to maintain the existing dimension of the cited landings within the stairways of this facility.  The variance is also granted on the basis of structural hardship in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.
	
4.  It is the understanding of the Board that the Applicant shall correct deficiency #4 by providing this facility with approved exit signage, at the direction and to the satisfaction of the North Providence Fire Marshal’s office, within 120 days of the date of this decision.	
	
5.  The Board hereby grants a variance from the provisions of section 23-28.16-13 in order to allow the Applicant to provide each of the apartment units of this facility with an approved fire extinguisher, installed at the direction and to the satisfaction of the North Providence Fire Marshal’s office.  Whether the Applicant takes advantage of this variance or installs the fire extinguishers in accordance with the provisions of NFPA Standard 10, the Board directs the Applicant to so provide the facility with extinguishers within fifteen (15) days of the date of this decision.  
	
6.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, emergency lights and exit signs, installed at the direction and to the satisfaction of the North Providence Fire Marshal’s office within 120 days of the date of this decision.
	
7.  The Board hereby grants a variance from the provisions of section 23-28.9-2 and 3 in order to allow the Applicant to maintain the existing boiler area without fire separation.  In granting this variance, the Board directs the Applicant to protect the boiler area by providing the boiler with an approved remote shut-off switch and to further provide the boiler with an approved domestically supplied sprinkler head, installed at the direction and to the satisfaction of  the North Providence Fire Marshal’s office within 120 days of the date of this decision.
	
8.  The Board hereby grants a variance from the provisions of section 23-28.16-2 in order to allow the Applicant to maintain the existing egress from the basement dwelling unit of this facility.  This variance is granted pursuant to the Board’s understanding that the North Providence Fire Marshal’s office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.
	
9.  During the January 20, 2004 hearing on this matter, the Board was advised and finds that the fire escapes in this facility are in good condition and that the North Providence Fire Marshal’s office has no objection to the window access or the fact that some fire escapes are accessed through kitchens.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the existing fire escapes and access.

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)].