The above captioned case was scheduled for hearing on October 1, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Coutu, Wahlberg, Preiss, Pearson and Evans were present.  Chairman Farrell recused himself from consideration of this case.  The motion was thereupon made by Commissioner Preiss 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 a May 30, 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 October 1, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the May 30, 2002 plan review report as its initial findings of fact.
	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 23-28.17-14(b) in order to allow 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.  The Board further authorizes the Providence Fire Marshals Office to approve a temporary certificate of occupancy upon installation and approval of the above fire alarm system by the Providence Telecommunications Division.
2.	The Board hereby directs the Applicant to correct deficiency 2 at the direction and to the satisfaction of the Providence Fire Marshals Office.
3.	The Board hereby directs the Applicant to correct deficiency 3 at the direction and to the satisfaction of the Providence Fire Marshals Office.
4.	The Board hereby grants a variance from the provisions of Life Safety Code Section 6-2.3.1.1 in order to allow the Applicant to maintain the existing supporting structure of the ceiling of this facility.  This variance is granted pursuant to the Applicants agreement to provide this facility with an approved fire alarm system.
5.	The Board hereby grants a variance from the provisions of Life Safety Code Section 24-2.1.1 and 5-2.2.1 in order to allow the Applicant to maintain the fire escape system of this facility and to further access that fire escape system through bedroom windows.  In granting this variance, the Board directs the Applicant to maintain the bedroom windows in fully operational condition and to remove all locks and locking devices on those bedroom doors through which access to the fire escape system is achieved.
6.	A.  The Board hereby grants a variance from the provisions of Section 24-2.1.1 and 5-2.2.2.1(a) in order to allow the Applicant to maintain the existing structural dimensions of the new stairs that were constructed after the old stairs had been destroyed by fire.
	B.  The Board hereby directs the Applicant to correct deficiency 6B, at the direction and to the satisfaction of the Providence Fire Marshal.
7.	The Board hereby grants a variance from the provisions of Section 24-2.1.1 and 5-2.2.4.1 in order to allow the Applicant to maintain the existing handrail for the interior apartment stairway at thirty-six (36) inches.
8.	The Board hereby directs the Applicant to correct deficiency 8 by providing the Fire Marshal with approved dimensions for the window access and fire escape of this facility.
9.	A.  The Board hereby grants a variance from the provisions of Section 24-2.4(a) in order to allow the Applicant to maintain a single means of egress to the tenant space on the second and third level.  As a condition of this variance, the Board directs the Applicant to provide the above staircase with an approved system of domestically supplied sprinkler heads, 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.
	B.  The Board hereby grants a variance from the provisions of Section 24-2.4(a) in order to allow the Applicant to maintain the existing egress from the unoccupied basement of this facility.  In granting this variance, the Board directs the Applicant to limit the occupancy of this basement to incidental storage.
10.	The Board directs the Applicant to correct deficiency 10 by providing approved lighting for the fire escape system of this facility, 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 directs the Applicant to correct deficiency 11 by properly fire stopping the cited wall cavities, 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 in order to allow the Applicant to maintain the existing boiler room enclosure.  In granting this variance, the Board directs the Applicant to provide a domestically supplied sprinkler head over the boiler of this facility.
13.	The Board hereby grants a variance from the provisions of Section 24-3.5.1(d) in order to allow the Applicant to maintain the existing separation between the residential and mercantile occupancies of this facility.  In granting this variance, the Board notes that this facility shall be fully fire alarmed.
14.	The Board hereby directs the Applicant to correct deficiency 14 by providing this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Providence Fire Marshals Office immediately.

	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)].