The above captioned case was scheduled for hearing on November 6, 2001 at l:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Filippi, Richard and Burlingame 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 Newbrook and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
		
The numbers of the Decision below correspond with those of an August 22, 2001 plan review and inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal during the November 6, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the August 22, 2001 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	It is the understanding of the Board that the Applicant has corrected deficiency #l by providing the heating units in the basement with approved remote shutoff switches, at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

2.	A.  The Board hereby directs the Applicant to correct deficiency #2A by providing access for the cleaning and inspection of the commercial cooking operation in this facility, at the direction and to the satisfaction of the Providence Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.

B. During the November 6, 2001 hearing on this matter, the Board was advised by the Applicant that he would formally provide an easement to allow for access to the commercial cooking operation.  Accordingly, the Board directs the Applicant to correct this deficiency at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

3.	The Board directs the Applicant to correct deficiencies #3,4,5 and 6, at the direction and to the satisfaction of the Providence Fire Marshal.

4-6.	See item #3 above.

7.	The Board hereby grants a variance from the provisions of Sections 23-28.l7-l and 23-28.9-9 and NFPA Standard 96 Section 4-8.2.l(a) in order to allow the Applicant to maintain the cited discharge fan eight (8) feet from the property line.

8.	The Board hereby grants a variance from the provisions of Section 23-28.l7-2(b) as it relates to egress from the basement of this facility.  In granting this variance, the Board directs that there shall be no occupancy in the basement and the basement shall be utilized for storage and utilities only.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain the existing construction and rating of the cited front and rear egress stairways of this facility.  In granting this variance, it is the understanding of the Board that the stairways are in good condition and will be sprinklered.

9.	The Board hereby grants a variance from the provisions of Section 23-28.l7-4(a) in order to allow the Applicant to maintain the existing plaster and lathe construction and existing door assemblies within this facility.  In granting this variance, the Board notes that this facility maintains an existing sprinkler system and an expanded fire alarm system.

10.	It is the understanding of the Board that the Applicant has corrected deficiency #l0 by providing the cited basement stairway and rear hallway with approved handrails, installed at the direction and to the satisfaction of the Providence Fire Marshal.

11.	The Board hereby grants a variance from the provisions of Section 23-28.l7-4(f) in order to allow the Applicant to maintain the existing riser height within the cited stairways of this facility.

12.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5(a), in order to allow the Applicant to maintain the existing swing of the cited exit doors of this facility.

13.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5(b) in order to allow the Applicant to provide the doors of this facility with approved spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

14.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5(f) in order to allow the Applicant to provide the cited doors of this facility with approved lever action panic hardware, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

15.	The Board hereby directs the Applicant to correct deficiency #l5 by repairing any fire stopping in this facility, at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

16.	The Board hereby grants a variance from the provisions of Section 23-28.l7-11 in order to allow the Applicant not to provide the unoccupied basement of this facility with emergency lighting.  The Board hereby directs the Applicant to provide the apartment areas of this facility with emergency lighting, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

17.	The Board hereby grants a variance from the provisions of Section 23-28.l7-12 and NFPA Standard l0, l988 edition in order to allow the Applicant to provide each of the apartment units of this facility and other areas designated by the Providence Fire Marshal with approved fire extinguishers, installed at the direction and to the satisfaction of the Providence Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.

18.	The Board hereby grants a variance from the provisions of Section 23-28.l7-13 in order to allow the Applicant to maintain the existing sprinkler coverage within this facility.

19.	As a condition of the variances granted herein, the Board hereby directs the Applicant to extend the existing fire alarm system of this facility into the residentially occupied spaces, at the direction and to the satisfaction of the Providence Fire Marshal within one hundred and twenty (l20) days from the date of this Decision.

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 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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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 within the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]