The above-captioned case was scheduled for hearing on November 12, 2002 at 1:00 P.M.  At that time, Vice Chairman Richard and Commissioners Filippi, Coutu, Pearson, Wahlberg   and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Islas of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu 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 October 17, 2002    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     hearing on this matter.  Accordingly, the Board hereby incorporates the November 12, 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 directs the Applicant to correct deficiency 1 by either securing a certification of occupancy for the upper floors of this facility of ceasing occupancy.
2-4. It is the understanding of the Board that the Applicant has corrected deficiencies 2,3 and 4, to the satisfaction of the Providence Fire Marshals Office.
5A.	The Board hereby grants a variance from the provisions of Life Safety Code Section 5-2.1.3 in order to allow the Applicant to maintain the existing nine (9) inch step to the landing outside of each of the cited doors from apartments to the rear stairs of this facility.  This variance is based upon structural hardship.
5B. The Board hereby grants a variance from the provisions of Life Safety Code Section 5-2.1.3 in order to allow the Applicant to maintain the stairway into the boiler room without the required landing.  This variance is granted on the basis of structural hardship and the limited use of this area.
6.The Board hereby grants a variance from the provisions of Life Safety Code section 5-2.2.2-1(a) in order to allow the Applicant to make minor modification on each run of the stairs to provide an approximate riser height of 8    to 9 inches.  The Applicant shall make the above corrections within sixty (60) days from the date of this Decision.  Once the corrections are made, this stairway shall be deemed to be in compliance with the code.
7-10. It is understanding of the Board that the Applicant has corrected deficiencies 7, 8, 9 and 10 to the satisfaction of the Providence Fire Marshals Office.
	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)].