The above captioned case was scheduled for hearing on July 9, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Coutu, Pearson, Filippi, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno and Chief of Inspections William Howe of the State Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the July 9, 2002 hearing on this matter, the Board was advised and finds that this is a historical building with a full sprinkler and full fire alarm system.  The Board was further advised and finds that this facility is being utilized as a rooming house under the existing occupancy sections of the code.  The Applicant sought a variance in order to maintain an open staircase within this facility.  It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.
	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 23-28.14-4 in order to allow the Applicant to maintain an open staircase within this facility.  In granting this variance, it is the understanding of the Board that this facility is fully sprinkled and alarmed and further equipped with approved smoke detectors.
	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.  
	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)].