The above-captioned case was scheduled for hearing on August 26, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Charles Lawrence of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 October 22, 2001 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the August 26, 2003 hearing on this matter.  

Accordingly, the Board hereby incorporates the October 22, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s 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. It is the understanding of the Board that deficiency #1 is grandfathered and also that the Applicant has provided an approved domestically supply sprinkler head over the cited boiler within this facility.
	
2. The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing construction and rating of the cited staircases within this facility.  In granting this variance, it is the understanding of the Board that the above stairway walls are in good condition.  Finally, as a condition of this variance, the Board hereby directs the Applicant to provide any wainscoting or wood paneling within the staircases with an approved class “A” finish installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office within 120 days of the date of this decision.
	
3. The Board hereby directs the Applicant to correct deficiency #3 by providing an approved solid wood door in the opening for the dumbwaiter within this facility.  The above solid wood door shall be installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing the cited staircases with approved handrails installed at the direction and to the satisfaction of the Providence Fire Marshal.
	
5. It is the understanding of the Board that the Applicant has previously received a variance, covering the door swing issue in deficiency #5, by May 23, 1985.
	
6. The Board hereby directs the Applicant to correct deficiency # 6 by providing the cited egress doors with approved UL listed spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office within 120 days of the date of this decision.
	
7. The Board hereby directs the Applicant to correct deficiency #7 by providing the cited egress doors leading directly to the outside with approved panic hardware installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	
8. The Board understands that the Applicant has corrected deficiency #8 by providing approved class “A” exit signs within this facility.  The Board hereby directs the Applicant, as a condition of the variance granted herein, to provide this facility with approved emergency lighting at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	
9. The Board hereby grants the Applicant an option of providing each of the apartment units and the business units with approved fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal within fifteen (15) days of the date of this decision.  If the Applicant chooses not to utilize the above option, the Applicant shall be directed to provide the above extinguishers in an accordance with NFPA 10, 1988 edition within a fifteen (15) day period. 
	
10. It is the understanding of the Board that deficiency #10 is grandfathered and not a requirement under the State Fire Code.
	
11. As a condition of the variance granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system.  The above system shall be installed at the direction and to the satisfaction of the Providence Division of Communication, within 120 days of the date of this decision.  

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 Applicant’s 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 Board’s 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 Board’s 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)].