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, Preiss, Newbrook, Burlingame, Coutu, Richard, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion passed over the abstaining vote of Commissioner Preiss.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 5, 2002 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 13, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the September 5, 2002 inspection report as its initial findings of fact.  Any modification of the Boards 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. During the January 13, 2004 hearing on this matter, the Board was advised that the Applicant and the Providence Fire Marshals Office had agreed to a plan of action for the fire safety of this facility.  This plan of action allowed for the Applicant to receive a variance on the basis of structural hardship in return for certain active fire protection being incorporated into this facility.  Accordingly, the Board hereby grants a variance from the provisions of Life Safety Code section 5-2.8.2 in order to allow the Applicant to maintain existing fire escape on this facility.  In granting this variance, the  Board directs the Applicant to assure that the fire escape is structurally sound at the direction and to the satisfaction of the Providence Fire Marshal and to maintain the fire escape access unobstructed at all times.  Specifically, it shall be the responsibility of the owner to maintain the fire escape free and clear of air conditioners, furniture and other obstructions.  Finally, in granting this relief, the Board directs the Applicant that there shall be no locks or locking devices on the bedrooms through which access to the fire escape system is achieved.
	2. As outlined in item 1 above, the Board directs the Applicant to correct deficiency 2 by properly securing the fire escape system to this building at the direction and the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.
	3. The Board hereby grants a variance from the provisions of section 23-28.16-2(b)(1) in order to allow the Applicant to maintain a single means of egress from the unoccupied basement of this facility, emergency means of escape from the first floor apartments of this facility through windows, and to further maintain the egress stairways of this facility as outlined herein.
	4. It is the understanding of the Board that the Applicant has corrected deficiency 4 a and b by removing the cited air conditioners from the windows providing access to the fire escape of this facility.  The Board directs the Applicant to maintain these windows unobstructed at all times.
	5. It is the understanding of the Board that the Applicant has corrected deficiency 5 by eliminating fire escape access through bedrooms.  In the event the Applicant wishes to utilize bedrooms as part of the fire escape access system, the Applicant is first directed to remove all locks and locking devices from those bedroom doors through which access to the fire escape system is achieved and to further seek approval from the Providence Fire Marshals Office to allow such access.  Finally, it is the understanding of the Board that the Applicant has corrected the remainder of deficiency 5 by removing the cited window curtains.
	6. The Board hereby grants a variance from the provisions of section 23-28.16-5(a)(1) in order to allow the Applicant to maintain the existing construction configuration of the cited egress stairways of this facility.  In granting this variance, the Board 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 Marshals Office, within 120 days of the date of this decision.  The Board further directs the Applicant to provide this facility with an approved domestically supplied sprinkler system installed throughout the hallways and basement of this facility, at the direction and to the satisfaction of the Providence Fire Marshals Office, within 120 days of the date of this decision.  The Board further directs the Applicant to provide the existing door jambs of the egress system of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes and to further equip them with UL listed spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshals Office, within 120 days of the date of this decision.  Finally, the Board directs the Applicant to provide the egress system of this facility with approved handrails installed at the direction and to the satisfaction of the Providence Fire Marshals Office, within 120 days of the date of this decision.
	7. The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved handrails at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.
	8. 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 cited winding stairs in facility.  This variance is granted on the basis of structural hardship in light of the Applicants agreement to provide this facility with an approved fire alarm system and to further provide this facility with approved sprinkler coverage as outlined above.	
	9. The Board hereby grants the Applicant a variance from the provisions of section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited basement stairway door.
	10. The Board hereby directs the Applicant to correct deficiency 10 by providing the existing basement door jamb of this facility with an approved solid core wood door maintaining an approximate fire rating of twenty (20) minutes and to  further equip that door with approved UL listed spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.  The Board further directs the Applicant to provide the remaining egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes and further equip these doors with spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision. 
	11. The Board hereby grants a variance from the provisions of section 23-28.16-3 in order to allow the Applicant to replace the cited doors with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes and to further equip these door with spring loaded hinges as outlined item 10 above.
	12. The Board hereby grants a variance from the provisions of section 23-28.16-6(e) in order to allow the Applicant to maintain the existing dimension of the cited egress system doors in accordance with the upgrade of these doors as outlined in item 10 above.
	13. The Board hereby directs the Applicant to correct deficiency 13 by providing this facility with  approved fire stopping, installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision  when the Providence Fire Marshal is satisfied with the fire stopping, the Board shall also be satisfied.
	14. The Board hereby directs the Applicant to correct deficiency  14 by providing this facility with approved exit signage and approved emergency lighting installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.
	15. The Board hereby directs the Applicant to correct deficiency 15 by providing approved fire extinguisher mounted on each floor in the public way or in each apartment, at the direction and to the satisfaction of the Providence Fire Marshal, within 15 days of the date of this decision.
	16. 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 or designee, within 120 days of the date of this decision.
	17. The Board hereby directs the Applicant to correct deficiency 17 as part of the fire alarm system, outlined in item 16 above, within 120 days of the date of this decision.
	18. The Board hereby directs the Applicant to correct deficiency 18 by maintaining the basement and all other parts of this facility in a clean and tidy condition at the direction and to the satisfaction of the Providence Fire Marshal.
	19. During the January 13, 2004 hearing on this matter, the Board was advised that Applicant did not provide the boiler of this facility with an approved remote shut off switch.  Accordingly, as a condition of the variances granted herein, the Board directs the Applicant to provide the boiler of this facility with an approved remote shut off switch installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.
	20. As outlined in 17 above, the Board hereby directs the Applicant to provide this facility with approved smoke and carbon monoxide detection installed at the direction and to the satisfaction of the Providence Fire Marshal Office, within 120 days of the date of this decision.

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 Applicants 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 Boards 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 Boards 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)].