The above-captioned case was scheduled for hearing on April 3, 2001 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Wahlberg, O’Connell, Pearson 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 O’Connell and seconded by Commissioner Wahlberg 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 24, 2000 inspection 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 April 3, 2001  hearing on this matter.  Accordingly, the Board hereby incorporates the August 24, 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 REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.8-3 in order to allow the Applicant to maintain the existing winding stairs in this facility.  In granting this variance, the Board directs the Applicant to repair the fire escape and modify the fire escape windows at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

2. The Board hereby grants a variance from the provisions of section 23-28.16-2(a) in order to allow the Applicant maintain the existing egress from the third floor of this facility.

3. The Board hereby grants a variance from the provisions of section 23-28.16-2(b) in order to allow the Applicant to maintain the existing egress from the third floor of this facility.

4. The Board hereby grants a variance from the provisions of section 23-28.16-2(f) in order to allow the Applicant to maintain existing construction of the corridor walls of this facility.

5. The Board hereby grants a variance from the provisions of section 23-28.16-3(a) in order to allow the Applicant to maintain fire escape access through a bedroom window.  In granting this variance, the Board directs the Applicant to modify the cited bedroom windows at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.  The Board further directs the Applicant to remove all locks and locking devices from the bedroom doors.

6(a). The Board hereby grants a variance from the provisions of section 23-28.16-3(d) in order to allow the Applicant to maintain existing egress system wall construction within this facility.

6(b). The Board hereby grants a variance from the provisions of section 23-28.16-3(d) in order to allow the Applicant to maintain the cited solid core wood doors and to further equip those doors with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

7. The Board hereby directs the Applicant to correct deficiency 7 by removing the cited wires from the fire escape system of this facility.

8. The Board hereby grants a variance from the provisions of section 23-28.16-5(a)(1) in order to allow the Applicant to maintain the existing stairway wall construction within this facility.

9(a) and (b).	It is the understanding of the Board that the Applicant has corrected deficiencies 9(a) and (b) to the satisfaction of the Providence Fire Marshal's office.

10. It is the understanding of the Board that the Applicant has corrected deficiency 10 to the satisfaction of the Providence Fire Marshal's office.

11. The Board hereby grants a variance from the provisions of section 23-28.16-5(e) in order to allow the Applicant maintain existing the basement stairway without a 32 inch landing.

12. The Board hereby grants a variance from the provisions of section 23-28.16-5(f) in order to allow the Applicant to maintain the existing cited winders in the rear stairway of this facility.

13. It is the understanding of the Board that the Applicant has corrected deficiency 13 to the satisfaction of the Providence Fire Marshal's office.

14. The Board hereby grants a variance from the provisions of section 23-28.16-6(c) in order to allow the Applicant maintain the cited solid core doors in the existing jambs.

15. It is the understanding of the Board that the Applicant has corrected deficiency 15 to the satisfaction of the Providence Fire Marshal's office.

16. The Board notes that deficiency 16 is grandfathered and not being requested by the Providence Fire Marshal's office.

17. The Board hereby grants a variance from the provisions of section 23-28.16-13 and NFPA standard 10, 1988 edition, in order to allow the Applicant to provide each of the apartment units and the basement of this facility with approved fire extinguishers.  In granting this variance, it is the understanding of the Board that these extinguishers have already been installed.

18. As a condition of the variances granted herein, the Board directs the Applicant provide this facility with an approved local fire alarm and smoke detector system, installed in accordance with the provisions of sections 23-28.25-4(a) and 23-28.34-2 et seq., at the direction and to the satisfaction of the Providence Fire Marshal, or designate, within 120 days of the date of this decision.

19. The Board hereby directs the Applicant to correct deficiency 19 by removing the buildup of combustible materials within the basement this facility at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of 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)].

Decision was mailed on 5-09-01.