The above-captioned case was scheduled for hearing on    at 1:00 P.M.  At that time, Chairman, Vice Chairman and Commissioners    and     were present.  The fire service was represented by Assistant Deputy State Fire Marshal       of the        Fire Marshals Office.  A motion was made by Commissioner       and seconded by Commissioner      to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The number of the Decision below correspond with those of an August 28, 2002 plan review inspection 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 September 24, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 2002 inspection 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 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of Section 23-28.16-2(b) in order to allow the Applicant to maintain the existing winding stairs within this facility.  The Applicant shall be further allowed to maintain the fire escape system within this facility.  As a condition of this variance, the Board directs the Applicant to properly enclose and segregate the cited stairway with approved fire rated materials as outlined in item 2 below and to further provide proper window access to the fire escape system.  As a condition of the variance, the Board directs the Applicant to remove all locks and locking devices from those bedroom through which access to the escape system is achieved.  The Board further directs the Applicant to maintain the recently installed fire alarm and emergency lighting systems of this facility, because the system shall now be deemed required for the purposed of maintenance.
2.	The Board hereby directs the Applicant to correct deficiency 2 properly enclosing and segregating the cited interior stairways, at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy.
3.	The Board hereby directs the Applicant to correct deficiency 3 by providing an approved system of smoke detectors on each landing as required, at the direction and to the satisfaction of the Providence Fire Marshal, 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.  
	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)].