The above captioned case was scheduled for hearing on July 30, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners OConnell, Newbrook, Pearson, Richard, Preiss, and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  This motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 5, 2002 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 30, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the July 5, 2002 plan review 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 
1-3.	The Board hereby directs the Applicant to correct deficiencies 1, 2 and 3 at the direction and to the satisfaction of the Providence Fire Marshals Office prior to occupancy of this facility.
4.	The Board hereby grants a variance from the provisions of Section 6-2.2 and NFPA 14, Section 5-4 in order to allow the Applicant to maintain only one (1) new standpipe in the newly constructed stairway within this existing facility.
5-7.	The Board hereby directs the Applicant to correct deficiencies 5, 6 and 7 at the direction and to the satisfaction of the Providence Fire Marshals Office before occupancy of this facility.
8.	The Board hereby grants a variance from the provisions of Section 6-2.2 and NFPA 14 Section 5-3.2(c) in order to allow the Applicant to maintain the hose valve within the proximity of the stairs as proposed by the Applicant.
9.	The Board hereby directs the Applicant to correct deficiency 9, at the direction and to the satisfaction of the Providence Fire Marshals Office before occupancy of this facility.  
10.	The Board hereby grants a variance from the provisions of Section 5-2.2 and NFPA 14 Section 4-1.2.5 with regard to the seismic protection requirements as set forth in NFPA 13 and 14.  This variance is granted pursuant to the Boards understanding that this is a low-rise building with limited occupancy and that based on the building code the above seismic protection is not required.
11-12.	The Board hereby directs the Applicant to correct deficiencies 11 and 12, at the direction and to the satisfaction of the Providence Fire Marshals Office before occupancy of this facility.
13.	The Board hereby grants a variance from the provisions of Sections 18-2.1.1, 21-2.5.1 and 5-2.2.4.1 in order to allow the Applicant relief for stairway guards of thirty-six (36) inches.  However, the Board directs the Applicant to provide the mezzanine level stairway guards at forty-two (42) inches.  The Applicant is therefore directed to comply with BOCA 201.1.0.
14.	The Board hereby grants a variance from the provisions of Sections 18-2.1.1 and 21-2.5.1 in order to allow the Applicant to maintain the existing stairs from the mezzanine at the fourth level of this facility.  In granting this variance, it is the understanding of the Board that there shall only be two (2) occupants at this level.
15.	The Board hereby directs the Applicant to correct deficiency 15, at the direction and to the satisfaction of the Providence Fire Marshal or designee.
16.	During the July 30, 2002 hearing on this matter, the Board was advised that the Applicant sought to utilize a full NFPA 13 sprinkler system as opposed to an NFPA 13R sprinkler system.  Accordingly, some of the spaces that would have been exempted under the NFPA 13R system are the subject of the Applicants variance request.  In light of the above, the Board hereby grants a variance from the provisions of Life Safety Code Sections 18-3.5.2 and 7-7.1 along with NFPA 13 Section 4-13.1.1 in order to allow the Applicant not to provide a sprinkler head in the unheated space within the tower of this facility.  It is the understanding of the Board that the Applicant shall provide a drop ceiling in the tower.  The Board further grants a variance in order to not sprinkler above the residential unit ceilings and just below the mezzanine level.  In granting these variances, it is the understanding of the Board that such sprinkler coverage would not be required under NFPA 13R.
17-18.	The Board hereby directs the Applicant to correct deficiencies 17 & 18, at the direction and to the satisfaction of the Providence Fire Marshals Office, before occupancy.
19.	A & B.  The Board hereby grants a variance from the provisions of Life Safety Code Sections 18-2.2.1.2 and 5-1.3.3 and 5-1.3.2.1(b) exception 2 in order to allow the Applicant to maintain the existing construction, configuration and lack of continuity of construction on existing stairs 2 and 3 within this facility.  In granting this variance, it is the understanding of the Board that the Applicant shall be providing an approved compliant new stairway within this facility.
20.	The Board hereby grants a variance from the provisions of Section 18-2.2.2.1 and 5-2.1.3 in order to allow the Applicant to maintain the existing cited threshold at door 112.  This variance is granted on the basis of structural hardship.
21.	The Board hereby grants a variance in order to allow the Applicant to maintain door 108 within this facility.  In granting this variance, it is the understanding of the Board that the space served by door 108 is normally unoccupied.
22.	The Board directs the Applicant to develop a plan of action for addressing deficiency 22 and return to the Board with the Providence Fire Marshal for review of the above plan prior to occupancy of this facility.
23.	A.  The Board hereby grants a variance from the provisions of Section 18-2.2.3.1 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing dimension of stairway 2.
	B.  The Board hereby directs the Applicant to work with the Providence Fire Marshals Office in developing a plan of action for stairway 3 and to return to the Board if necessary for review of this plan.  See item 22 above.
24.	The Board hereby grants a variance from the provisions of Section 18-2.2.3.1 and 5-2.2.3.6 as these provisions relate to stairway 2 within this facility.  The Board hereby directs the Applicant to address the remaining portion of deficiency 24 as it relates to stairway 3 as part of the plan of action outlined in items 22 and 23 above.  
25.	The Board hereby grants a variance from the provisions of Section 18-2.2.3.1 and 5-2.2.4.5(e) in order to allow the Applicant to maintain the cited handrails on existing stairway 2 without extensions.  In granting this variance, it is the understanding of the Board that the cited extensions could impact upon the egress system of this facility.
26.	A.  The Board hereby directs the Applicant to correct deficiency 26A, at the direction and to the satisfaction of the Providence Fire Marshal.
	B.  The Board hereby grants a variance from the provisions of Section 18-2.2.3.1 and 5-2.2.4.2 in order to allow the Applicant to maintain the existing handrail on basement stair 3 which discharges on the left west side of the building.  In granting this variance, the Board notes that this is normally an unoccupied space.  In the event the plans for this space change, the Applicant shall return to the Board with an appropriate plan of action covering the now occupied space in this area.
27. 	As outlined in item 26B above, the Board hereby grants a variance from the provisions of Life Safety Code Section 18-2.2.3.1 and 5-2.2.5 in order to allow the Applicant to maintain the existing condition of stairway 3 provided that it is serving a normally unoccupied space.  In the event the Applicant plans to occupy this space, the Applicant shall return with a plan of action for addressing this deficiency.
28.	The Board hereby grants a variance from the provisions of Section 18-2.2.3.1 and 5-2.2.5.2 in order to allow the Applicant to maintain the cited windows within proximity of the stairway system of this facility.  In granting this variance, it is the understanding of the Board that the windows shall be protected with approved sprinkler coverage.  Accordingly, the windows shall be allowed to maintain a distance of less than ten (10) feet from the cited stairway.
29.	The Board hereby directs the Applicant to correct deficiency 29, before occupancy.
30.	The Board hereby grants a variance from the provisions of Section 18-3.1.1 and 6-2.4.4(b) in order to allow the cited duct to penetrate the first floor and to allow the bathroom ducts to penetrate the first and second floor with fire dampers, but not with approved shaft construction.
31.	The Board hereby directs the Applicant to correct deficiency 31, before occupancy.
32.-34.	The Board hereby directs the Applicant to correct deficiencies 32, 33 and 34 before occupancy.
35.	During the July 30, 2002 hearing on this matter, the Board was advised that the Applicant was requesting a temporary certificate of occupancy for this facility.  In considering a temporary certificate of occupancy, the Providence Fire Marshals Office has advised that all major systems are operational at this time.  Accordingly,  the Board would support the issuance of a temporary certificate of occupancy by the Providence Fire Marshals Office covering this facility.   

	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)].