The above captioned case was scheduled for hearing on December 10, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Newbrook, Richard, Pearson, Coutu, Evans, Preiss, Wahlberg and OConnell 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 Pearson 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 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 December 10, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the July 5, 2002 inspection report as its initial findings of fact.  Any deficiency corrected 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.	During the December 10, 2002 hearing on this matter, the Applicant provided the Providence Fire Marshal with his assessment of the potential occupancy of Unite 1, 2, 3 and 4 of this facility.
2-21.	During the December 10, 2002 hearing on this matter, the Applicant did not request relief from deficiencies 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21.  Accordingly, it is the understanding of the Board that the Applicant shall correct these deficiencies.
22.	The Board hereby grants a variance from the provisions of Life Safety code Sections 18.2.2.3.1 and 5-2.2.2.1 in order to allow the Applicant to maintain the existing two foot, nine inch (29) stair servicing the basement of this facility.  In granting this variance, the Board notes that the Applicant shall also provide the lower level of this facility with an approved code compliance stair and elevator.  People would also be allowed to exit within the upper units through an open stair.  As a condition of this variance, there shall be no assembly occupancy in the basement and the basement shall only be utilized as an ancillary use to the other occupancies within this building.  Specifically, the basement could be utilized for storage, etc.
23.	A.  It is the understanding of the Board that the Applicant shall correct deficiency 23A 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 5-2.2.1 in order to allow the Applicant to maintain stair 3 as a second means of egress from the basement of this facility.  In granting this variance on the basis of structural hardship, the Board notes that this is an existing stairway and that the Applicant shall provide this facility with approved fire alarm and sprinkler coverage.  The Board further directs that the Applicant not utilize the basement of this facility for assembly as outlined in item 22 above.
24-25.	It is the understanding of the Board that the Applicant shall correct deficiencies 24 and 25 to the satisfaction of the Providence Fire Marshals Office.
26.	A.  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 delete the center handrail on the cited exterior stairs.
	B.  The Board hereby grants a variance from the provisions of Section 5-2.2.4.5 in order to grant the Applicant relief from the requested handrail extensions.  In granting this variance, the Board notes that the Applicant shall comply with the remaining portion of Section 26B by maintaining two (2) approved handrails on the cited stair.
27.	The Board hereby grants a variance from the provisions of Sections 18-2.2.3.1 and 5-2.2.2.5 in order to allow the Applicant to maintain the existing cited winders within the stairways of this facility.  This variance is also based on structural hardship pursuant to the Boards direction that there shall be no assembly occupancy in the basement of this facility as outlined in item 22 above.
28-35.	It is the understanding of the Board that the Applicant shall correct deficiencies 28, 29, 30, 31, 32, 33 and 34.  The Board notes that there is no deficiency 35.
36.	(NEW ITEM)  Applicants request for additional relief.  During the December 10, 2002 hearing on this matter, the Applicant has advised the Board that he would comply with 42 guards for the stairway located in unit 3.  Accordingly, the Board hereby accepts the Applicants withdrawal of its original variance request for this item.

	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)].