The above-captioned case was scheduled for hearing on March 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Richard, Coutu, Pearson, Filippi, and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
This facility was previously before the Board and the Applicant has now requested that the matter be reopened under the original file number.  The Applicant is requesting to be allowed to maintain the cited location of the Fire Department connection on the face of the garage.  In making this request, the Applicant has advised the Board that he was unable to relocate the fire hydrant.  The Applicant is also requesting that the Board approve the issuance of a temporary certificate of occupancy for all seven buildings within this complex. 
	
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 in order to allow the Applicant to maintain the cited location of the fire department connection on the face of the garage in this complex.  This variance is granted pursuant to the Fire Marshal’s observation that only the parking structure is affected and that all of the apartments comply with the fire department connection provisions.  It is the further understanding of the Board that relocation of the fire department connection or the hydrant would not provide a significant benefit because the Providence Fire Department can service the fire department connection under their existing plan of action for this facility.
	
2. The Board hereby authorizes the Providence Fire Marshal’s office to approve temporary certificates of occupancy for each of the seven buildings within this complex, provided the Applicant brings these buildings into compliance with the code to the satisfaction of the Providence Fire Marshal.  The Board specifically directs the Applicant to remove all propane tanks from these buildings and not to maintain any open flames within the buildings.  

The Board further directs the Applicant to correct the dryer ducts in this facility by bringing the dryer ducts into compliance with the mechanical code to the satisfaction of the Providence Fire Marshal and the Mechanical Inspector.  The Applicant has agreed that upon replacement of any of the dryer units the Applicant shall comply with UL listed dryer installation for those units.  

Finally, the Board advises the Applicant that the Providence Fire Marshal’s office has complete discretion with regard to the issuance of a temporary or permanent certificate of occupancy for any or all of the buildings within this complex.  The approval of a temporary or permanent certificate of occupancy is completely discretionary with the Providence Fire Marshal’s office.  By this decision, the Board is simply authorizing the Providence Fire Marshal to exercise that discretion if he deems necessary. 

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)].

Decision was mailed on 6-24-03.