The above captioned case was scheduled for hearing on March 12, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, and Filippi 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 Newbrook and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a June 5, 2001 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 during the March 12,2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 5, 2001 plan review report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Life Safety Code Section 5-2.8.2a&b in order to maintain the existing conditions cited in deficiencies #lA,B & C.  As a condition of this variance, the Board directs the Applicant to provide the egress system and the one (l) story building under the membrane roof with approved sprinkler coverage as outlined in item #20 below.

2.	The Board hereby directs the Applicant to correct deficiency #2, within one hundred and twenty (l20) days from the date of this Decision.

3.	The Board hereby directs the Applicant to correct deficiencies #3A & B, within one hundred and twenty (l20) days from the date of this Decision.

4.	The Board hereby grants a variance from the provisions of Sections 23-28.l7-1B and 23-28.9-2(b) in order to allow the Applicant to maintain the existing enclosure of the cited heating units.  In granting these variances, the Board directs the Applicant to provide approved domestically supplied sprinkler heads over the cited heating units, at the direction and to the satisfaction of the Providence Fire Marshal’s Office within one hundred and twenty (l20) days from the date of this Decision.

5.	The Board hereby directs the Applicant to correct deficiency #5, within one hundred and twenty (l20) days from the date of this Decision.

6.	The Board hereby directs the Applicant to correct deficiency #6, within one hundred and twenty (l20) days from the date of this Decision.

7.	The Board hereby grants a variance from the provisions of Section 23-28.l7-2(b) in order to allow the Applicant to maintain the existing means of egress cited in deficiencies #7A & B.  In granting this variance, the Board directs the Applicant to sprinkler the egress system as outlined in item #20 below.  It is the further understanding and direction of the Board that there shall be no occupancy of the basement of this facility.

8-9. The Board hereby directs the Applicant to correct deficiencies #8 & 9, within one hundred and twenty (l20) days from the date of this Decision.

10.	The Board hereby grants a variance from the provisions of Section 23-28.l7-3(b) in order to allow the Applicant to maintain the existing ceiling height in the rear of the cited salon.  In granting this variance, the Board directs the Applicant to provide the lower area with approved signage warning of this condition installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

11.	It is the understanding of the Board that the Applicant has corrected deficiency #ll.

12.	A.  The Board hereby directs the Applicant to correct deficiency #l2A.

B-D.  The Board hereby grants a variance from the provisions of Section 23-28.l7-4(a) in order to allow the Applicant to maintain the existing conditions cited in deficiency #l2,B, C, and D.  As a condition of this variance, the Board directs the Applicant to provide the egress system with approved sprinkler coverage as outlined in item #20 below.

13.	The Board hereby directs the Applicant to correct deficiency #13, within one hundred and twenty (l20) days from the date of this Decision. 

14.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5(a) in order to allow the Applicant to maintain the existing conditions cited in deficiencies #14A,B & C.  As a condition of this variance, the Board directs the Applicant to provide this facility with approved sprinkler coverage as outlined in item #20 below.

15.	A&B.  The Board directs the Applicant to correct deficiencies #l5A&B, within one hundred and twenty (l20) days from the date of this Decision.

16.	The Board hereby directs the Applicant correct deficiencies #16,l7 & l8, within one hundred and twenty (l20) days from the date of this Decision.

17-l8.	See item #l6 above.

19.The Board hereby grants a variance from the provisions of NFPA Standard l0, l988 edition in order to allow the Applicant to provide each apartment and business tenant of this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal, within fifteen (l5) days from the date of this Decision.

20.	The Board hereby grants a variance from the provisions of Section 23-28.l7-13 in order to allow the Applicant to maintain a partial sprinkler system of this facility covering the two means of egress and the entire portion of the first of the one story building under the membrane roof which is to be utilized as a second means of egress.  The Board further directs the Applicant to provide sprinkler coverage in the boiler room area, at the direction and to the satisfaction of the Providence Fire Marshal.  The above sprinkler coverage shall be installed within one hundred and twenty (l20) days from the date of this Decision.

21.	The Board hereby directs the Applicant to correct deficiency #21 by providing this facility with an approved supervised municipally connected fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal or designee, in accordance with the provisions of Section 23-28.25-4(b), within one hundred and twenty (l20) days from the date of this Decision.

22.	Pursuant to the request of the Applicant and the Providence Fire Marshal’s Office, the Board shall maintain this file as an open file until the issuance of a final certificate of occupancy.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]