The above captioned case was scheduled for hearing on March 4, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Coutu, Filippi, Newbrook, Preiss, Burlingame, OConnell, Evans, and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Charles Lawrence of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard 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 June 28, 1999 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 March 4, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 28, 1999 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.	The Board hereby grants a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the existing egress systems of this facility as modified herein.  In granting this variance, the Board directs the Applicant to provide all wainscoting within the egress system with an approved Class A finish installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  This variance is contingent upon the Applicants providing this facility with an approved fire alarm system as outlined in item 12 below.  Finally, in granting this variance it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
	2.	Th4e Board hereby grants a variance from the provisions of Section 23-28.16-2(f) in order to allow the Applicant to maintain the existing separation between the living units in the egress system of this facility.  This variance is also granted on the Applicants agreement to provide this facility with an approved fire alarm system.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 in order to allow the Applicant to maintain the existing access to the back stairway through a kitchen area.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 12 below.
	4.	The Board hereby grants a variance from the provisions of Section 23-28.16-5 in order to allow the Applicant to maintain the existing cited construction and rating of the cited stairway walls within this facility.  Again, this variance is granted pursuant to the Boards understanding that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 12 below.
	5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 by installing approved handrails on the basement stairway.
	6.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant to maintain the existing swing of the cited exterior door of this facility.
	7.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(b) in order to allow the Applicant provide each of the apartment doors of this facility with approved UL listed spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshals Office within ninety (90) days from the date of this Decision.
	8.	The Board hereby grants a variance from the provisions of Section 23-28.16-6 in order to allow the Applicant 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 doors shall be installed at the direction and to the satisfaction of the Providence Fire Marshals Office within ninety (90) days from the date of this Decision.
	9.	It is the understanding of the Board that the Providence Fire Marshals Office is not requesting exit signage within this facility as a condition of the variances granted herein.  Apparently, the exits are clearly defined and known to the occupants.
	10.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Providence Fire marshals Office within ninety (90) days from the date of this Decision.
	11.	The Board hereby grants the Applicant an optional variance from the provisions of Section 23-28.16-13 and NFPA Standard 10, 1988 edition in order to allow the Applicant to either provide extinguishing equipment in accordance with NFPA Standard 10 or to provide each of the apartment units with approved fire extinguishers, installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  It is the understanding of the Board that the Applicant has already provided this facility with approved fire extinguishing equipment.
	12.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshals Office, with additional smoke detection as outlined in Section 23-28.34-2 through 4, within ninety (90) days from the date of this Decision.
	13.	During the March 4, 2003 hearing on this matter, the Board was advised and finds that the two (2) small boilers within this facility are currently provided with approved remote shut-off switches in accordance with the code.

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 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.  
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.  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.  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)].