As indicated in the file, a hearing involving the above-captioned property was conducted on Tuesday, October 17, 2017 before the Fire Safety Code Board of Appeal and Review, pursuant to RI General Laws Section 23-28.3-5.
	In attendance at the hearing were the following:
COMMISSIONERS: Acting Chairman Pearson and Commissioners Filippi, Walker, Jackson, Booth, Thornton and Davison.
AUTHORITY HAVING JURISDICTION: Assistant Deputy State Fire Marshal John Devlin of the Providence Fire Marshals Office.
APPLICANT: Joseph Spokis and Tom Radican.
EXECUTIVE DIRECTOR: W. Keith Burlingame, Esq.

TRAVEL OF THE CASE

1.	This is an Application for Variance filed under R.I.G.L. Chapter 23-28.3, entitled Fire Safety Code Board of Appeal and Review, and the Administrative Regulations promulgated thereunder.
2.	The Application was filed by Joseph Spokis (authorized representative) of Jensen Hughes, 117 Metro Center Boulevard -- Suite 1002, Warwick, RI dated September 6, 2017.
3.	The Application was received by the Board and File  170121 was opened on September 14, 2017.
4.	The property was previously before the Board on August 2, 2011 at which time Decision  110123 was issued dated October 27, 2011.
5.	A hearing on the Application was conducted on October 17, 2017 at 1:00 PM before the Fire Safety Code Board of Appeal and Review.
6.	After all evidence was presented at the hearing, a motion was made by Commissioner Thornton and seconded by Commissioner Filippi to grant the Applicant the relief as outlined herein.  The motion passed on a 7 to 0 vote.

RECORD OF THE CASE

The following documents are part of the administrative record for Appeal  170121 and are pertinent to the decision rendered:

1.	Variance Application  170121 dated September 6, 2017 and filed on September 14, 2017.
2.	Providence Fire Marshals Office Inspection Report dated August 17, 2017.
3.	Decision  110123 dated October 27, 2011.
4.	Letter of authorization (email) for Jensen Hughes from Tom Radican of Saint Elizabeth Community dated September 11, 2017.
5.	Applicants (Jensen Hughes) plan of action dated July 5, 2017.

EXHIBITS

The following documents were presented at the October 17, 2017 hearing as exhibits:

1.	None.

FINDINGS OF FACT

	Based on the testimony and evidence introduced at the hearing and a review of the administrative file, the Board makes the following Finding of Fact:

1.	The numbers of the Decision below correspond with those of the July 5, 2017 plan of action compiled by the Applicant (Jensen Hughes).  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 17, 2017 hearing on this matter.  Accordingly, the Board hereby incorporates the July 5, 2017 plan of action 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.
2.	The Board finds that all issues identified in the August 17, 2017 inspection report compiled by the Providence Fire Marshals Office have been complied with or have been addressed in the report identified in  1, above.
3.	The building is an existing 11-story apartment (149 unit) occupancy consisting of approximately one hundred twenty-five thousand five hundred twenty-eight (125,528) square feet (gross area) and originally built in 1983.
4.	The building is of Type II (000) construction, has a compliant fire alarm system and is provided with an approved automatic sprinkler system.
5.	There is no objection by the Providence Fire Marshals Office to the granting of the relief outlined herein.

CONCLUSIONS OF LAW AND
DETERMINATIONS ON VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a variance from the provisions of RILSC section 7.2.2.4.5.3 by allowing the existing stairway guardrails to remain in use.
2.	The Board hereby grants the Applicant a variance from the provisions of RILSC sections 31.3.6.1 and 31.3.2.1.1 by allowing the existing wired glass corridor walls and windows to remain in use.

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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

STATUS OF DECISION AND APPEAL RIGHTS

1.	This Decision constitutes a final order of the Fire Safety Code Board of Appeal and Review as set forth in R.I.G.L. section 42-35-12 and 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: Fire Safety Code, section 6-2-22).
2.	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: Fire Safety Code, section 6-2-23.)  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: Fire Safety Code, section 6-2-24).
3.	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:  Fire Safety Code, section 6-2-25).
4.	In accordance with R.I.G.L 42-35-12, 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.  (See: Fire Safety Code, section 6-2-18).  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].