The above captioned case was scheduled for hearing on July 23, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Evans, Preiss, Coutu, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame 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 13, 2000 plan review 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 July 23, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the October 13, 2000 plan review report as its initial findings of fact.  Any modifications 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 Sections 23-28.17-1 and 23-28.8-2 in order to allow the Applicant to maintain the existing fire escapes as a means of egress system from this facility.
	2.	The Board hereby grants a variance from the provisions of Sections 23-28.17-1 and 23-28.9-2 in order to allow the Applicant to maintain the existing gas-fired heating units as currently located within this facility.  In granting this variance, it is the understanding of the Board that the units are properly enclosed and further protected by domestically supplied sprinkler coverage.
	3.	The Board hereby directs the Applicant to correct deficiency 3, at the direction and to the satisfaction of the Providence Fire Marshal.
	4.	The Board hereby directs the Applicant to correct deficiency 4, at the direction and to the satisfaction of the Providence Fire Marshal.
	5.	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 egress and existing fire separation as modified herein.
	6.	The Board hereby directs the Applicant to correct deficiency 6A&B, at the direction and to the satisfaction of the Providence Fire Marshal.
	7.	A.  The Board hereby grants a variance from the provisions of Section 23-28.17-4(a) in order to allow the Applicant to maintain the existing construction and openness o the cited two (2) stairways servicing the upper levels of this facility.
		B.  The board hereby grants a variance from the provisions of Section 23-28.17-4(a) in order to allow the Applicant to maintain the existing construction and fire rating of the stairway walls of this facility.
		C.  The board further grants a variance from the above provisions in order to allow the Applicant to provide the existing egress system door jambs of this facility with either solid core doors maintaining an approximate fire rating of twenty (20) minutes and approved twenty (20) minute rated door, or by providing sprinkler head coverage on both sides of those existing doors which the Applicant wishes to maintain.  The above sprinkler coverage may be drawn from the domestic water supply as part of a properly engineered system.
		D.  The Board hereby directs the Applicant to correct deficiency 7D, at the direction and to the satisfaction of the Providence Fire Marshal.
		E.  The Board hereby directs the Applicant to correct deficiency 7E, at the direction and to the satisfaction of the Providence Fire Marshal.
	8.	The Board hereby directs the Applicant to correct deficiency 8, at the direction and to the satisfaction of the Providence Fire Marshal.
	9.	The Board grants a variance from the provisions of Section 23-28.17-4(d) in order to allow the Applicant to maintain the existing dimensions of the stairways servicing the basement of this facility.  In granting this variance, it is the understanding of the Board that the basement shall be utilized for incidental storage and utilities only and shall not otherwise be occupied.
	10.	The Board hereby grants a variance from the provisions of Section 23-28.17-4(e) in order to allow the Applicant to maintain the existing dimension of the landings and platforms within the basement stairwells of this facility.  In granting this variance, it is the understanding of the Board	 that the basement shall be utilized for utilities and incidental storage only and shall not otherwise be occupied.
	11.	The Board hereby grants a variance from the provisions of Section 23-28.17-4(f) in order to allow the Applicant to maintain the existing tread width and riser height of the stairways leading from the basement of this facility.  In granting this variance, it is the understanding of the Board that the basement shall be utilized for utilities and incidental storage only and shall not otherwise be occupied.
	12.	The Board hereby grants a variance from the provisions of Section 23-28.17-5(a) in order to allow the Applicant to maintain the existing swing of those egress doors leading to the exterior of this facility.
	13.	The Board hereby directs the Applicant to correct deficiency 13 by providing the cited apartment and cellar stairway doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshals Office.
	14.	The Board hereby grants a variance from the provisions of Section 23-28.17-5(f) in order to allow the Applicant not to provide the cited doors with approved panic hardware.  This variance is granted pursuant to the Boards previous variance to allow the doors to swing opposite to the direction of egress travel as outlined in item 12 above.
	15.	The Board hereby directs the Applicant to correct deficiency 15 repairing the cited fire stopping, at the direction and to the satisfaction of the Providence Fire Marshals Office.
	16.	The Board hereby grants a variance from the provisions of Section 23-28.17-10 in order to allow the Applicant not to provide this facility with approved exit signage.  In granting this variance, the Board has been advised and finds that the exit routes are very obvious.
	17.	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 one hundred and twenty (120) days from the date of this Decision.
	18.	It is the understanding of the Board that the Applicant has corrected deficiency 18 to the satisfaction of the Providence Fire Marshals Office.
	19.	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 Marshals Office, in accordance with the provisions of Section 23-28.17-14 and the new fire alarm code, within one hundred and twenty (120) days from the date of this Decision.
	20.	It is the understanding of the Board that deficiency 20 is moot and that the deli occupancy of this facility has been removed.
NOTE:  The Applicant shall correct the above deficiencies, as outlined above, within one hundred and twenty (120) days from the date of this Decision.
	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)].