The above-captioned case was scheduled for hearing on July 8, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Preiss, Wahlberg, Richard, Burlingame, Pearson, Filippi, Coutu and Newbrook 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 a July 8, 2003 plan review 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 8, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 8, 2003 plan review 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 5-2.2.2.1 and 23-28.16-5(2)(d) in order to allow the Applicant to continue to utilize the twenty four (24) inch wide west stairway as a second emergency means of egress from this facility.  In granting this variance, the Board notes that this is a concrete and steel building which is fully sprinklered and protected by a municipally connected fire alarm system.  It is the further understanding of the Board that the emergency second means of egress is an existing condition which the Applicant is unable to correct.  Finally, it is the understanding of the Board that the Applicant had previously received relief from the stairs prior to conversion of this facility to a residential occupancy.
	
2.  The Board hereby grants a variance from the provisions of section 5-2.3.5 and section 23-28.16-3(e) in order to allow the Applicant to maintain the cited closets or small rooms off of the egress system of this facility.  In granting this variance, the Applicant has advised the Board that these rooms shall not be utilized for storage and shall by maintained empty and locked.  They shall further be clearly labeled as “Not An Exit”.  Accordingly, the Board grants the requested relief conditioned upon the rooms being locked and not utilized for storage.
	
3.  In light of the ongoing nature of this project, the Board hereby shall maintain this as an open file until such time as a final certificate of occupancy is secured by the Applicant.

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)].