The above-captioned case was scheduled for hearing on July 22, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Richard, Coutu and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu 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 an April 24, 2003 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the July 22, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 24, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 24-2.2.2.6 in order to allow the Applicant to maintain the existing swing of the cited three main entrance doors within this facility.  In granting this variance, the Board notes that re-swinging the doors would obstruct the public way.  
	
2.  The Board hereby grants a variance from the provisions of section 24-2.2.2.6 as it relates to the rear egress for apartments 1 and 3 and egress from apartments 2 and 4 of this facility.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.
	
3.  The Board hereby grants a variance from the provisions of Sections 5-2.2.3.5, 5-2.2.3.6, 5-2.2.4.2 and 5-2.2.4.3 in order to allow the Applicant to maintain the existing winding stairs within the cited stairways of this facility.  During the July 22, 2003 hearing on this matter, the Board was further advised that the Applicant has corrected the remainder of deficiency 3 by providing the cited basement stairs with approved handrails at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
	
4.  The Board hereby grants a variance from the provisions of section 5-2.1.4.3, 19-3.6.2 and 19-3.6.3 in order to allow the Applicant to maintain the existing swing of the cited apartment doors of this facility.  In granting this variance, it is the understanding of the Board that the Applicant shall correct the remainder of this deficiency by providing the cited doors with approved self closures, installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
5.  During the July 22, 2003 hearing on this matter, the Board was advised that the current separation of the furnaces in this facility would be appropriate in conjunction with approved sprinkler head coverage off of the domestic water supply.  Accordingly, the Board hereby directs the Applicant to provide the furnace area with approved sprinkler coverage, supplied by the domestic water supply, at the direction and to the satisfaction of the Providence Fire Marshal.
	
6.  The Board hereby grants a variance from the provisions of section 24-2.4, 24-2.5.2 and 24-2.5.3 in order to allow the Applicant to maintain a single approved means of egress from the basement of this facility.  In granting this variance, it is the understanding of the Board that the basement is used only for utilities and some limited storage by the business occupants of this facility.  Specifically, there shall be no public access to this basement and the owners of the store shall be provided only with limited storage usage.  
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Providence Fire Marshal.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal.
	
9.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing segregation between the stores and the apartment units of this facility.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal’s office has no objection in light of the Applicant’s providing this facility with an approved fire alarm system as outlined in item 8 above.
	
10.  The Board hereby grants a variance in order to allow the Applicant to provide each of the apartment units of this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Providence Fire Marshal, within 15 days of the date of this Decision.

STATUS OF DECISION AND APPEAL RIGHTS
	
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 Applicant’s 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 Board’s 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 Board’s 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)].