The above captioned case was scheduled for hearing on May 28, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Richard, Coutu, Burlingame, and Evans 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 Burlingame and seconded by Commissioner Wahlberg 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 July 6, 2000 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal during the May 28, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the July 6, 2002 report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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 directs the Applicant to provide the Providence Fire Marshals Office with a report attesting to the structural integrity of the existing fire escape system.  The Board further directs the Applicant to provide steel grating over the basement window wells beneath the fire escape termination point to allow for safe landing upon the ground.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the existing eight- (8) foot lead to ground from the fire escape of this facility on the basis of security hardship.  The Board further grants a variance from the provisions of Section 23-28.8-4 in order to allow the Applicant to maintain the existing fire escape provided satisfactory documentation has been submitted to the Providence Fire Marshals Office.
	2.	The Board hereby directs the Applicant to correct deficiency 2 by providing the cited gasfired devices with approved remote switches, at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
	3.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.16-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein.  This variance is conditioned upon the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 14 below.
	4.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.16-2(f) in order to allow the Applicant to maintain the existing construction and rating of the cited egress system walls of this facility.
	5.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.16-3(a) in order to allow for fire escape access through the bedrooms of this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices servicing the fire escape system and to further consult with the Providence Fire Marshal in order to determine whether the existing windows are of adequate size to provide safe access to the fire escape system.  In the event the Providence Fire Marshal finds that the above windows are not of adequate size, the Board hereby directs the Applicant to correct the above windows, at the direction and to the satisfaction of the Providence Fire Marshal within one hundred and twenty (120) days from the date of this Decision.
	6.	The Board hereby grants the Applicant a variance from the provisions of Section 23-28.16-5(a) in order to allow the Applicant to maintain the existing construction and rating of the front stairs of the egress system of this facility.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshals Office has no objection in light of the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 14 below.
	7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the basement stair with an approved handrail.  The Board directs the Applicant to correct the remainder of deficiency 7 by providing the stairs to the residential units with a second approved rail, 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.
	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 winding stairs within this facility.  This variance is based on structural hardship and in light of the Applicants agreement to provide this facility with an approved fire alarm system as outlined in item 14 below.
	9.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(a) in order to allow the Applicant to maintain the existing cited doors to then exterior of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Providence Fire Marshals Office has no objection to this existing condition because reswinging the doors would swing them over the sidewalk of this facility.
	10.	The Board hereby grants a variance from the provisions of Section 23-28.16-6(b) in order to allow the Applicant to provide the doors to the apartment units of this facility with approved spring-loaded hinges, 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.
	11.	The Board hereby grants a variance from the provisions of Section 23-28.6-6(c) in order to allow each of the apartment 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 and 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.
	12.	The Board hereby grants a variance from the provisions of Section 23-28.16-11 in order to allow the Applicant to provide this facility with approved Type A paper or metal exit signs, installed at the direction and to the satisfaction of the Providence Fire Marshals Office.
	13.	The Board hereby grants a variance from the provisions of Section 23-28.16-3 and NFPA Standard 10, 1988 edition, in order to allow the Applicant to provide each of the apartment units of this facility with an approved fire extinguisher, installed at the direction and to the satisfaction of the Providence Fire Marshals Office, within fifteen (15) days from the date of this Decision.
	14.	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, 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)].