The above-captioned case was scheduled for hearing on December 12, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Evans, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Laurenson 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.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a November 14, 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 December 12, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the November 14, 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 23-28.8-4 in order to allow the Applicant to maintain the existing fire escape system of this facility.  In granting this variance, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors used to access the fire escape system.

2. The Board hereby directs the Applicant to correct deficiency 2, by providing the cited gas-fired devices in the basement with approved air vents, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

3. The Board hereby directs the Applicant to correct deficiency 3, by providing the basement area with approved fire extinguishers, at the direction and to the satisfaction of the Providence Fire Marshal, within 120 days of the date of this decision.

4. 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 system of this facility as modified herein.

5. The Board hereby grants a variance from the provisions of section 23-28.16-2(f) in order to allow the Applicant to maintain the existing wall construction of egress system of this facility.  As a condition of this variance, the Board directs the Applicant to provide the cited wood paneling and other wood surfaces with an approved Class-A finish, installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.16-3(a) in order to allow the Applicant to maintain access to the egress systems of this facility through kitchens and bedrooms.  In granting this variance, on the basis of structural hardship, the Board directs the Applicant to remove all locks and locking devices from the bedroom doors.

7. The Board hereby grants a variance from the provisions of section 23-28.16-5(a) in order to allow the Applicant maintain existing construction, segregation and rating of the cited interior stairs of this facility.  In granting this variance of the basis of structural hardship, the Board notes that the Applicant shall provide this facility with an approved fire alarm system as outlined in item 14 below.

8. The Board hereby grants a variance from the provisions of section 23-28.16-5(c) in order to allow the Applicant to maintain the main interior stairway with a second handrail.  The Board hereby directs the Applicant to correct the remainder of deficiency 8 by providing the cited stairs to the third floor with an approved handrail.

9. The Board hereby grants a variance from the provisions of section 23-28.16-6(a) in order to allow the Applicant to maintain the existing swing of the cited doors to the exterior of this facility.  This variance is granted on the basis of structural hardship.

10. The Board hereby grants a variance from the provisions of section 23-28.16-6 (b) in order to allow the Applicant to provide the cited apartment and basement 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.

11. The Board hereby grants a variance from the provisions of section 23-28.16-6(c) in order to allow the Applicant to provide the existing apartment and basement door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty minutes.  The above doors shall be installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

12. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed in accordance with the provisions of section 23-28.16-11, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

13. The Board hereby directs the Applicant to correct deficiency 13, by providing this facility with approved fire extinguishers, at the direction and to the satisfaction of the Providence Fire Marshal within 15 days of the date of this decision.

14. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, equipped with a relay to the emergency lights, at the direction and to the satisfaction of the Providence Fire Marshal, or designate, within 120 days of the date of this decision.

15. During the December 12, 2000 hearing on this matter, the Board was advised that there is no washer or dryer in the basement of this facility and that the basement is utilized for limited storage only.  Accordingly, the Board hereby directs the Applicant to correct deficiency 15 by removing the cited combustible debris.  The Board further directs the Applicant to limit occupancy of the basement, as outlined above. In the event the Applicant seeks to modify occupancy of the basement this facility, the Applicant shall first contact the Providence Fire Marshal's office for approval of this change in use.
 
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)].

This decision was mailed on 1-04-01.