The above-captioned case was scheduled for hearing on August 20, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Burlingame, Filippi, Newbrook, Wahlberg, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Ed Donahue of the Providence Fire Marshals Office.  A motion was thereupon made by Commissioner Newbrook and seconded by Commissioner Pearson 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 March 20, 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 August 20, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the March 20, 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
	1-2.	It is the understanding of the Board that the Applicant shall correct deficiencies 1 and 2, at the direction and to the satisfaction of the Providence Fire Marshals Office before occupancy.
	3.	The Board hereby grants a variance from the provisions of Sections 23-28.6-6 in order to allow the Applicant to maintain one means of egress from the basement of this facility and to provide a seconded means of egress from apartments 1 and 2 by fire escape.   In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom door through which access to the fire escape system is achieved.  Finally, the Board grants a variance in order to allow the Applicant to redesign and provide fire escape access from apartment 3 on the third floor of this facility and to further utilize fire escape ladders as part of the fire escape system.  The Board again directs the Applicant to remove all locks from bedroom and other fire escape access doors.  The above fire escape system shall be modified prior to occupancy of this facility.
4.         A&B. The Board hereby directs the Applicant to correct deficiencies 4A and 4B.
C.	The Board hereby grants a variance from the provisions of Section 23-28.6-8 in order to 
	Allow the Applicant to improve the fire rating of the cited stairways in accordance with
the plan of action submitted during the August 20, 2002 hearing.  Specifically, the Applicant would not be required to maintain the tested assembly for the stairway.  Rather, the Applicant would provide the existing stairs with a new layer of 5/8 inches gypsum board on both sides of the walls and to further provide a rated steel door and frame at the existing door openings.  The above modification to the stairway system shall be complete before occupancy.
5.	The Board hereby grants a variance from the provisions of Section 23-28.6-10 in order to 
	allow the Applicant to maintain the existing stair riser height and tread width and to 
	further allow the Applicant to maintain the winding stairs within this facility.  This 
	variance is based upon structural hardship.
6-8.	The Board directs the applicant to correct deficiencies 6, 7 and 8 before occupancy. 

	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.  (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 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.  (See:  Board Rules and Regulations, section 6-2-20).
	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)].