The above-captioned case was scheduled for hearing on May 6, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Newbrook, Coutu, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Pearson 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 December 27, 2002 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 May 6, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the December 27, 2002 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.  It is the understanding of the Board that the Applicant has corrected deficiency #1 by providing the heating unit of this facility with approved remote shut-off switches installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
2.  It is the understanding of the Board that deficiency #2 is moot in that none of the cited heating units is in excess of 160,000 BTU input.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.16-2(b) in order to allow the Applicant to provide this facility with an approved fire escape as a second means of egress.  Specifically, the Board directs the Applicant to provide the second floor apartment of this facility with an approved fire escape installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.  The above fire escape may maintain window access and consist of an approved landing and ladder with an eight (8) foot lead to ground as found in comparable buildings constructed during that era.  In the event that the Applicant is unable to install such a fire escape due to other regulations such as local building and/or historical codes, the Board hereby keeps this file open to allow the Applicant to return with an alternative plan of action.  The above variance for the fire escape is conditioned upon the Applicant’s agreement to provide this facility with an approved fire alarm system installed at the direction and to the satisfaction of the Providence Fire Marshal’s office or designee.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
5.  The Board hereby grants a variance from the provisions of section 23-28.16-5(a) in order to allow the Applicant to maintain the existing double 5/8” sheetrock assembly within the egress system of this facility.
	
6.  The Board hereby grants a variance from the provisions of section 23-28.16-6(a) on the basis of structural hardship in order to allow the Applicant to maintain the existing door swing.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing the cited egress doors with approved hardware installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
8.  The Board hereby grants a variance from the provisions of section 23-28.16-11(a) in order to allow the Applicant to maintain the cited facility without approved exit signage.  In granting this variance, it is the understanding of the Board that the egress system of this facility is obvious and that the tenants should have little difficulty in evacuation.
	
9.  The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA Standard 10, 1988 edition, 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 before occupancy.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency #10 by providing this facility with an approved smoke detection system and an approved fire alarm system installed at the direction and to the satisfaction of the Providence Fire Marshal’s office or designee.

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)].