The above-captioned case was scheduled for hearing on June 17, 2003 at 1:00 P.M.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Evans and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the abstention of Commissioner Burlingame.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a May 21, 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 June 17, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the May 21, 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(a).  The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the existing construction of the stairways within this facility.  In granting this variance, it is the understanding of the Board that the stairways consist of plaster covered by sheetrock and that there shall only be one residential apartment unit upstairs, and this unit shall maintain two (2) means of egress.
	
1(b).  The Board hereby directs the Applicant to correct deficiency 1(b) by providing the basement with an approved solid core or metal door installed at the direction and to the satisfaction of the Providence Fire Marshal’s office within 120 days of the date of this decision.  
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing the basement stairs with approved handrails at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved steel or solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with UL listed spring loaded hinges installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.
	
3(b).  The Board hereby grants a variance from the provisions of section 23-28.17-5 in order to allow the Applicant to maintain the existing swing of the cited egress doors.
	
4.  The Board hereby grants a variance from the provisions of section 23-28.17-12 in order to allow the Applicant to provide each unit of this facility, the apartment and both stores, with approved fire extinguishers, installed at the direction and to the satisfaction of  the Providence Fire Marshal’s office within fifteen (15) days of the date of this decision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal or designee, within 120 days of the date of this decision.
	
6.  The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with approved fire stopping at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
7.  This hearing was conducted in the absence of the original Fire Marshal who produced the May 21, 2003 inspection report.  Accordingly, the above variances are contingent upon no objection from this Fire Marshal.  In the event the Fire Marshal has any objection within thirty (30) days of the mailing date of this decision, the matter shall be reviewed by the Board.

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)].