The above-captioned case was scheduled for hearing on September 16, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu and Filippi were present.  The fire service was represented by  the North 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 Board finds that this is a three story type V construction facility with brick veneer siding constructed in approximately 1975.  There are presently twelve (12) apartments that will be converted to ten (10) units.  There will be a standard apartment, and a handicap apartment on the first floor along with a one hour enclosed mechanical  room, one hour enclosed laundry room, and a one hour enclosed community space.  The second and third floors shall each contain four (4) standard apartment units.

Each floor is serviced with a central one hour rated corridor divided with a one hour wall and door to separate the two hour stairways.  Each apartment has a three foot wide by six foot eight inch high one hour rated door with closure.  The two exterior doors open in the direction of egress travel.  There shall be a new lift to allow access to the first floor which is separated from the rest of the structure by an existing four (4”) inch brick veneer wall.  The ceilings are presently one (1) layer of gypsum board of unknown fire rating.  New windows will be installed that will have manually removable sashes in order to provide emergency egress from bedrooms.
	
The building shall be fully sprinklered in accordance with NFPA 13R and has a municipally connected fire alarm system.  The shall also be Knox box at the front entrance.  The rise and run of the stairs exceeds the existing construction requirements for apartment buildings with 8 ¼” treads and 7 5/8”-7 1/4” risers. Heating to each of the apartments will be with individual gas fired boilers in the mechanical room and there will be remote shut off switches located outside the mechanical room.  It is the understanding of the Board that with the acceptation of the items listed below all fire code deficiencies in this facility shall be corrected by the Applicant. 
	
Any deficiencies 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws

CONCLUSIONS AND VARIANCE REQUESTS
	
1. During the September 16, 2003 hearing on this matter, the Board was advised that the Applicant sought a variance to maintain the existing dimension of the cited existing stairs within this facility.  This variance is being requested on the basis of structural hardship.  The Board hereby grants a variance from the provisions of Life Safety Code in order allow the Applicant to maintain the existing dimension of the existing stairs within this facility.  This variance is granted on the basis of structural hardship
	
2. The Board hereby grants a variance in order to allow the Applicant to provide one (1) layer of 5/8 inch sheet rock over the existing sheet rock ceiling of this facility and further to mechanically fasten the new gypsum board to the existing joist above the gypsum Board ceiling.  The variance granted pursuit to the Board’s understanding that this facility shall be fully sprinklered and alarmed, and all fire safety code requirements shall be complied with prior to re-occupancy of the facility.
	
3. The Board shall maintain this file open in the event the Applicant or the North Providence Fire Marshal’s Office wishes further review.

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)].