The above case was scheduled for hearing on July 11, 2000 at 1:30 PM.  At that time, Chairman Farrell and Commissioners Burlingame, Wahlberg, Coutu, Evans, Fang and Richard were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy and Chief of Inspections William Howe of the State Fire Marshal's Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
The numbers of the decision below correspond with those of a June 13, 2000 inspection report compiled by the State Fire Marshal's Office.  The above report was utilized by the Board, the State Fire Marshal's Office and the Applicant and during the hearing on this matter.  Accordingly, the Board hereby incorporates the June 13, 2000 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 REQUEST

1. Is the understanding of the Board that the applicant has corrected deficiency 1 by providing the cited stairways of this facility with approved handrails.

2. It is the understanding of the Board that the applicant has corrected deficiency 2 by properly segregating the boiler in the east basement from the primary means of egress.

3. Is the understanding of Board that the applicant has corrected deficiency 3 by the properly maintaining the cited exit sign on the west end of the second floor of this facility.

4. The Board hereby directs the applicant to provide this facility with full sprinkler coverage, at the satisfaction of the State Fire Marshal, before occupancy of this facility.

5. By directs the applicant to correct deficiency 5 by providing the sprinkler system within this facility with an approved fire department connection, installed at the direction and to the satisfaction of the State Fire Marshal's Office, before occupancy of this facility.

6. The Board hereby grants a variance from the provisions of section 22-2.2.4 in order to allow the applicant to maintain the egress system of this facility as modified herein.  In granting this variance, the Board directs the applicant to provide to outside stairways from the second floor balconies of this facility at the direction and to the satisfaction of the State Fire Marshal's Office.  The Board further directs the applicant to provide this facility with additional smoke detector coverage at the direction and to the satisfaction of the State Fire Marshal's Office before occupancy.

7. The Board hereby grants a variance from the provisions of section 22-2.3.1 in order to allow the applicant to maintain the existing vertical openings in the stairwells of this facility and to further maintain the cited opening between the bedroom, on the west end of the building, and the third floor of this facility.  In granting this variance, the Board notes that the applicant has provided emergency egress from this facility and that the applicant has further agreed to fully sprinkler this facility.	

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 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 of 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 change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all of 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 days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in 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)}.

This decision was mailed on 7-19-00.