The above-captioned case was scheduled for hearing on January 13, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Burlingame, Coutu, Richard and Filippi were present.  Commissioner Preiss recused himself from consideration of this case.  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 Newbrook and seconded by Commissioner Coutu 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 28, 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 January 13, 2004 hearing on this matter.

Accordingly, the Board hereby incorporates the October 28, 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 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. During the January 13, 2004 hearing on this matter, it was noted that this facility has one (1) internal means of egress being a stairway servicing all four (4) levels along with two (2) emergency means of egress consisting of fire escape located on the front and rear of the building.  The Board was further advised and finds that the Applicant has provided this entire facility with an approved sprinkler system and municipally connected fire alarm system.  Accordingly, the Board hereby grants a variance from the provision of sections 23-28.17-2b in order to allow the Applicant to maintain the cited egress of this facility in conjunction with the approved sprinkler and the municipally connected fire alarm system.
	
2. The Board hereby directs the Applicant to correct deficiency #2 by removing the cited materials from the fire escape on the front of the building and to further maintain the fire escape in an unobstructed condition at all times.  
	
3. The Board hereby grants a variance from the provisions of section 23-28.17-4a in order to allow the Applicant to maintain the existing interior stairway construction of this facility in conjunction with the sprinkler and municipally connected fire alarm system as outlined in item #1 above.
	
4. The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing elevator shafts of this facility as modified herein.  In granting this variance, the Board directs the Applicant to seal off the abandoned freight elevator shaft at each floor level in order to eliminate its designation as a vertical opening.
	
5. The Board hereby grants a variance from the provisions of section 23-28.17-4c in order to allow the Applicant to maintain the existing handrails servicing the stairway of this facility.  This variance is based upon limited occupancy of this facility calculated at six (6) to eight (8) people per floor.
	
6, 7, 8 and 9. The Board hereby directs the Applicant to correct deficiencies 6, 7, 8 and 9 at the direction and to the satisfaction of the Providence Fire Marshal’s Office prior to the occupancy of this 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)].