The above-captioned case was scheduled for hearing on December 2, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Pearson, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Pearson 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 an October 21, 2003 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 December 2, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the October 21, 2003 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.
	
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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby directs the Applicant to correct deficiency #1 by installing an appropriate key box in this facility as directed by the Providence Fire Marshal’s Office. 
	
2. The Board hereby directs the Applicant to correct deficiency #2 by providing this facility with approved emergency lighting at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
	
3. The Board hereby directs the Applicant to correct Deficiency #3 by providing this facility with approved exterior lighting installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
	
4. The Board hereby directs the Applicant to provide the Providence Fire Marshal’s Office with plans showing the handrails on the stairway on the building exterior stairs, rear exits stairs and the stairway servicing the upper floor.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing dimension  and handrails on the interior stairs on this facility.  This variance is based on structural hardship in the absence of any objection by the Providence Fire Marshal’s Office.
	
5. The Board hereby grants a variance in order to allow the Applicant not to maintain one (1) hour enclosure around the existing furnace located in the basement of this facility. As a condition of this variance, the Board directs the Applicant to provide an approved domestically supplied sprinkler head over the furnace at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
	
6. The Board hereby directs the Applicant to correct deficiency #6 by providing this entire facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Providence Fire Marshal as a condition of the authorization for the temporary certificate occupancy for this facility.
	
7. The Board hereby grants a variance in order to allow the Applicant to maintain the doors to the front stairs and the basement stairs without the approved landings on the basis of structural hardship.  In granting this variance, the Board notes that this is an existing condition which can not be readily corrected by the Applicant .
	
8. The Board hereby grants a variance in order to allow the Applicant to maintain the door width on the front door and on the side doors of this facility.  The Board notes that this is an existing condition and that the Providence Fire Marshal’s Office has no objection.
	
9. The Board directs the Applicant to correct deficiency #9 by providing cited door hardware schedule as required.
	
10. The Board hereby grants the Applicant a variance in order to allow the Applicant to maintain the existing separation between the new business occupancy the residential use of the upper floor of this facility.
	
11. The Board hereby grants a variance in order to allow the Applicant to maintain existing rating and enclosure of the front and rear stairways of this facility.  The Board further directs the Applicant to provide approved fire stopping in the basement to protect any vertical opening.
	
12. The Board hereby directs the Applicant to correct the deficiency #12 by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Fire Marshal within 15 days of the date of this decision.  The Board hereby grants the Applicant optional variance to allow the Applicant to provide the residential unit of this facility with an approved fire extinguisher as opposed to full compliance with NFPA Standard 10.
	
13. The Board hereby grants the variance in order to allow the Applicant to not maintain a door at the bottom of the basement stairs. In granting this variance, the Board directs the Applicant to provide approved self-closure at the door located on the top of  basement stairs at the direction and to the satisfaction of the Providence Fire Marshal’s Office.  The Board further directs the Applicant to provide approved self closure on all doors within egress system of this facility.
	
14. In light of the above, the Board authorizes the Providence Fire Marshal’s Office to approve the issuance of a temporary certificate of occupancy for this building.  As a condition of this approval, the Applicant must have completed the installation and testing fire alarm system for this facility to the satisfaction of the Providence Fire Marshal and must further make all the above reference correction within a time table established by the Providence Fire Marshal’s Office.

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)].