The above-captioned case was scheduled for hearing on November 18, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu 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 Wahlberg 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 October 17, 2003 plan review report compiled 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 November 18, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the October 17, 2003 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 – 4.  It is the understanding and direction of the Board that the Applicant correct deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of this facility.  
	
5.  It is the understanding of the Board that deficiency #5 is moot in that the use of this building has not changed. 
	
6.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this entire facility with an approved local fire alarm system, installed at the direction and to the satisfaction of  the Providence Fire Marshal, prior to occupancy.
	
7.  The Board hereby directs the Applicant to correct deficiency #7, at the direction and to the satisfaction of the Providence Fire Marshal.
	
8(a).  It is the understanding of the Board that the two floors above the tenant space shall be used for mechanical and utilities along with storage.
	
8(b).  The Board hereby grants a variance from the provisions of section 23-28.17-2(b) in order to allow the Applicant to maintain a single means of egress from the unoccupied basement of this facility.  Specifically, there shall be no tenant occupancy of the basement.

9.  The Board directs the Applicant to correct deficiency #9 at the direction and to the satisfaction of the Providence Fire Marshal.
	
10.  The Board hereby grants a variance from the provisions of section 23-28.17-4(f) in order to allow the Applicant to maintain the existing cited winding stairs in the stairways in the building servicing the upper floor.  This variance is based on structural hardship.
	
11.  The Board hereby directs the Applicant to correct deficiency #11 by providing this facility with approved fire stopping, at the direction and to the satisfaction of the Providence Fire Marshal, before occupancy.
	
12 – 13.  The Board hereby directs the Applicant to correct deficiencies 12 and 13 at the direction and to the satisfaction of the Providence Fire Marshal before occupancy.
	
14.  The Board hereby grants a variance from the provisions of section 23-28.17-12 and the cited NFPA standards in order to allow the Applicant to provide approved fire extinguishers in each of the apartment units of this facility within fifteen (15) days of the date of this decision.  In any event, the fire extinguishers shall be installed throughout this facility within fifteen (15) 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)].