The above-captioned case was scheduled for hearing on December 30, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Richard, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Charles Lawrence of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi 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 29, 2003 inspection 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 30, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the December 29, 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. It is the understanding of the Board that the Applicant has corrected deficiency #1 by providing the required suppression system over the stove.
	
2. The Board hereby grants a variance from the provisions of section 23-28.17-2 in order to allow the Applicant to maintain the existing single means of egress from the  unoccupied basement of this facility.  In granting this variance it is the understanding of the Board that the basement shall only be used for storage by the owner and that the Applicant has provided an approved sprinkler head over the boiler of this facility and that the boiler is further equipped with an approved remote shut off switch.  Finally, it is the understanding of the Board the Providence Fire Marshal’s Office has no objection to this relief.
	
3. It is the understanding of the Board that the Applicant has corrected deficiency #3 and that all storage has been removed from the landings and staircases. 
	
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 stairway construction.  In granting this variance, the Board directs the Applicant to repair the cited hole within the stairway walls and to further provide an approved  class “A” finish over any wainscoting within the stairway system.  The Board hereby grants the Applicant a period of 120 days from the date of this decision in order to make the above correction.
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 as it relates to the rear stairway handrails.  The boards hereby directs the Applicant to correct deficiency #5 as it relates to the front stairway handrails within 120 days of the date of this decision.
	
6. 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 cited winders within the stairways of this facility.  This variance is based on structural hardship in light of the Applicant providing the facility with an approved fire alarm system. 
	
7. The Board hereby directs the Applicant to correct deficiency #7 by providing the cited egress with approved self closers at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within 120 days of the date of this decision.
	
8. It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing the cited egress doors with approved panic hardware.
	
9. The Board hereby directs the Applicant to correct deficiency #9 by providing an approved exit sign in the emergency rear exit and by providing this facility with approved emergency lighting at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within 120 days of the date of this decision.
	
10. The Board hereby directs the Applicant to correct deficiency #10 by providing this facility with approved emergency lighting within 120 days of the date of this decision, at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
	
11. It is the understanding of the Board that the Applicant has corrected deficiency #11 by servicing the cited basement fire extinguisher.
	
12. The Board hereby grants a variance from the provisions of section 23-28.17-13 on the condition that the Applicant provides this facility with an approved local fire alarm system.  In granting this variance, the Board notes that the Providence Fire Marshal’s Office has no objection to the requested relief and has recommended the addition of the local fire alarm system.
	
13. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within 120 days of the date of this decision.
	
14. The Board hereby grants a variance in order to allow the Applicant to provide the existing egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes. The above doors shall be further equipped with spring loaded hinges as outlined above.  It is the understanding of the Board that the above doors have been installed by the Applicant.  However, if any door is missing, it shall be installed within 120 days of the date of this decision.

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)].