The above-captioned case was scheduled for hearing on April 12, 2005 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 January 26, 2005 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the April 12, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the January 26, 2005 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby directs the Applicant to correct deficiency #1 by providing this entire facility with approved fire alarm coverage, installed at the direction and to the satisfaction of the State Fire Marshal’s office, on or before occupancy of the second level of this building.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the State Fire Marshal’s office, on or before occupancy of the second level of this building.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by properly enclosing the basement area furnace and electrical equipment, at the direction and to the satisfaction of the State Fire Marshal’s office, on or before occupancy of the second level of this building.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by properly enclosing the stairway from the first to the second floor of this facility, at the direction and to the satisfaction of the State Fire Marshal’s office, on or before occupancy of the second level of this building.
	
5.  The Board hereby grants a variance, in order to allow the Applicant to extend the handrails by one foot, but to allow the extension to maintain a ninety degree (90º) turn for the last step at the direction and to the satisfaction of the State Fire Marshal’s office.  The above handrail modification shall be completed on or before occupancy of the second floor of this building.
	
6.  The Board hereby grants a variance in order to allow the current means of egress discharge through the level of exit discharge.  In granting this variance, the Board notes that the Applicant shall provide an emergency means of egress and that the normal occupancy of this building would be twelve (12) people.  The Board further directs the Applicant to change the door and frame assemblies to provide one-hour rated assemblies, and to further provide an engineered domestically supplied system of sprinkler heads covering the egress system in the stairway from the lobby.  The above domestically supplied sprinkler coverage shall be installed to the satisfaction of the State Fire Marshal’s office.
	
7.  The Board hereby grants a variance in order to allow the Applicant to maintain emergency means of egress from the second floor of this facility by providing egress across a steel grate located on the roof to a ladder on the east side of the building, installed at the direction and to the satisfaction of the State Fire Marshal’s office before occupancy of the second level of this building.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 and all remaining items at the direction and to the satisfaction of the State Fire Marshal’s office prior to occupancy of the second floor of this building.

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)].