The above-captioned case was scheduled for hearing on October 22, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame, and Commissioners Filippi, Coutu, Wahlberg, OConnell, Newbrook, Richard and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Edward Donahue of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 a September 9, 2002 plan   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 22, 2002
hearing on this matter.  Accordingly, the Board hereby incorporates the September 9, 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 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1-5.	It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 at the direction and to the satisfaction of the Providence Fire Marshals Office.
6.	The Board hereby grants a variance from the provisions of the Life Safety Code Section 19-2.5.1 and 5-5.1.3 in order to allow the Applicant to remove the exterior fire escape from this facility and to provide approved smoke barriers which would allow for separation of the stairs on each level.  In granting this variance, it is the understanding of the Board that this is currently a legal fourteen- (14) unit apartment house, which is being converted back to six (6) units.  It is further understanding of the Board that the stairs shall maintain one (1) hour enclosure and shall be separated by one (1) hour construction from each floor.  Finally, it is the understanding of the Board the this facility shall now be provided with an approved fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshals Office and their Division of Telecommunications.

	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)].