The above captioned case was rescheduled for hearing on March 12, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Edward Donahue of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook 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 July 6, 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 July 6, 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.	During the March l2, 2002 hearing on this matter, the Board was advised that the heating system in question was less than l60,000 BTU’s and accordingly deficiency #l was moot.

2.	A. 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 single means of egress from the basement of this facility. In granting this variance, it is the understanding of the Board that the basement shall be utilized for storage only.

B. 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 egress from the garage portion of this building.  Specifically, the Applicant shall be allowed to maintain the existing egress from the garage portion of this building.  Specifically, the Applicant shall be allowed to maintain the two- (2) overhead doors and one (l) self-closing sliding two- (2) hour fire resistant rated door.  This variance is also granted on the basis of structural hardship and in light of the fact that the Applicant shall utilize the garage portion of this facility only for storage.

3.	A. The Board hereby grants a variance from the provisions of Section 23-28.l7-3 (b) in order to allow for the first floor central egress passageway to be 35” in width at its most restrictive point.  This variance is granted on the basis of structural hardship and in light of the absence of an objection by the Providence Fire Marshal’s Office in light of the fact that this facility shall be further provided with an approved fire alarm system.

4.	The Board hereby directs the Applicant to correct deficiency #4 by repairing the cited interior wall of the passageway, 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.	A-C.  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 construction and rating of the cited interior stairways within this facility.  In granting this variance, it is the understanding of the Board that the stairway from the second floor living units is in good condition and is sprinklered and that the interior stairways from the loft storage area and basement do not lead from occupied areas.

6.	A,B,C,D,E,F,H and I.  The Board hereby directs the Applicant to correct deficiencies #6A,B,C,D,E,F,H and I, 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.

G.  The Board hereby grants a variance from the provisions of Section 23-28.l7-4(c) in order to allow the Applicant to maintain the existing non-conforming handrail on the interior stairway leading from the unoccupied storage area.

7.A&B.  The Board hereby grants a variance from the provisions of Section 23-28.l7-4(f) in order to allow the Applicant to maintain existing dimensions of the existing vertical ladder from the basement.

8.	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 swing of the cited hatch door into the loft storage area.

9.	A-D.  The Board hereby directs the Applicant to correct deficiencies #9A,B,C and D.  With regard to 9D, the Board directs the Applicant to provide the existing doorjamb with an approved solid core wood door equipped with spring-loaded hinges.  The above correction shall be within one hundred and twenty (l20) days from the date of this Decision.

10.	It is the understanding of the Board that the Applicant has corrected deficiency #l0.

11.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5(e) in order to allow the Applicant to maintain the existing dimensions of the cited doors within this facility.

12.	A. It is the understanding of the Board that the Applicant has corrected deficiency #l2A, at the direction and to the satisfaction of the Providence Fire Marshal.

B.	The Board directs the Applicant to correct deficiency #l2B, by removing the cited deadbolt, at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

C.	The Board directs the Applicant to correct deficiency #l2C, by removing the cited surface mounted sliding deadbolt and making this door otherwise suitable to the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

13.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting. Installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

14.	A. The Board hereby grants a variance in order to allow the Applicant to maintain the existing sprinkler system within this facility provided the Applicant allows for a trip test of this system, at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

B.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing paint away ceiling panels.

15.	The Board hereby directs the Applicant to correct deficiency #l5 by providing this facility with an approved fire alarm system, at the direction and to the satisfaction of the Providence Fire Marshal, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.  During the installation phase of this fire alarm system, the Board notes that the Applicant may utilize sprinkler heads as heat detection devices if properly wired back to the fire alarm system.

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)]