The above-captioned case was scheduled for hearing on October 31, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Evans, Richard, Pearson, Coutu, Burlingame and Filippi were present.  The fire service was represented by the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 an August 4, 2000, plan review report complied 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 October 31, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the August 4, 2000 plan review 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. The Board finds that deficiency 1 is informational in nature and not a violation of the state fire code.

2. The Board finds that deficiency 2 is informational in nature and not a violation of the state fire code.

3(a)-(d). The Board hereby grants a variance, from the provisions of life safety code section 28-2.1 and 5-2.1.2.2, in order to allow the Applicant to maintain the existing width of the cited egress doors within this facility.

4(a)&(b). The Board hereby grants a variance, from the provisions of life safety code section 28-2.1 and 5-2.1.3 in order to allow the Applicant to maintain the cited stairways, without approved landings, in their current configuration.

5-8. It is the understanding and direction of the Board that the Applicant has corrected deficiencies 5,6,7 and 8 at the direction and to the satisfaction of the Providence Fire Marshal's office.

9(a)-(d). The Board hereby grants a variance from the provisions of life safety code sections 28-2.1 and 5-2.2.2.1(b), in order to allow the Applicant to maintain the existing width of the cited stairways within this facility.  The Board grants these variances on the basis of structural hardship.

10(a)&(b). It is the understanding the Board that the Applicant has corrected deficiencies 10(a)&(b), at the direction and to the satisfaction of the Providence Fire Marshal.  

11. The Board hereby grants a variance from the provisions of the life safety code sections 28-2.1 and 5-2.2.5.1 in order to allow the Applicant to maintain the existing construction and fire rating of the cited two stairways from the first floor to the second floor of this facility.  This variance is granted on the basis of structural hardship and in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

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

13(a)-(d). The Board hereby grants a variance, from the provisions of life safety code sections 28-2.1 and 5-3.4.1, in order to allow the Applicant to maintain the existing width of the cited egress stairways within this facility.

14. The Board hereby grants a variance from the provisions of life safety code section 28-2.1 and 5-5.1.3 in order to allow the Applicant to maintain the existing remoteness of the cited three egress doors located on the first floor of this facility.

15. The Board hereby grants a variance from the provisions of life safety code sections 28-2.1 and 5-5.1.4, in order to allow the Applicant to maintain the existing distance between the first floor egress doors as outlined above.  In granting this variance, the Board directs the Applicant to provide a fire escape from the second floor and an escape door through the garage door of this facility.  The above additional egress shall be installed, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days the date of this decision.

16. The Board hereby grants a variance for the provisions life safety code sections 28-2.1 and 5-5.1.7 in order to allow the Applicant to maintain the cited egress from the second floor of this facility as modified herein.  In granting this variance, the Board directs the Applicant to create and maintain a separate approved corridor, for the second floor tenants to utilize, as a direct escape route to the outside.

17. The Board hereby grants a variance from the provisions of life safety code sections 28-2.1 and 5-5.2.1 in order to allow the Applicant to maintain the means of egress from the second floor this facility as outlined in items 16 above.

18. The Board hereby grants a variance from the provisions of life safety code sections 28-2.1 and 5-5.4.2 in order to allow the Applicant to maintain the existing egress doors, on the first floor of this facility, as outlined in items 14 and 15 above.	

19. The Board hereby grants a variance from the provisions of life safety code section 28-2.5.3 in order to allow the Applicant to maintain the existing cited travel distance on the second floor this facility.  As a condition of this variance, the Board directs the Applicant to provide either a fire escape, or an approved escape hatch, servicing the second floor area, installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

20. The Board hereby grants a variance for the provisions of life safety code section 28-2.7 and 5-7.1 in order to allow the Applicant to maintain the cited exits from the second floor as outlined in items 16 and 17 above.

21. The Board hereby grants a variance from the provisions of life safety code sections 23-3.1, 5-2.2.5.1 and 5-1.3.2.1 in order to allow the Applicant maintain the existing construction, configuration and rating of the cited stairways.  As a condition of these variances, the Board directs the Applicant to provide the existing egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors shall be further equipped with spring loaded hinges and installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days the date of this decision.

22. As a condition of the variances granted herein, the Board directs the Applicant to correct all of the remaining cited deficiencies under the Rhode Island fire prevention code.

23. As a condition of variances granted herein, the Board directs the Applicant provide this facility with approved residential smoke detectors and an approved local fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal, or designee, in accordance with the provisions of sections 23-28.34-1 et seq. and 23-28.25-4(a), within 120 days the date of this decision.

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)].