The above-captioned case was scheduled for hearing on March 15, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Filippi, Evans, Preiss, Newbrook, Burlingame and O’Connell were present.  The fire service was represented by the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Evans 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 12, 2004 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 March 15, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the August 12, 2004 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 facility with approved fire extinguishers installed at the direction and to the satisfaction of the State Fire Marshal’s office within thirty (30) days of the date of this decision.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by extending and/or upgrading the municipal fire alarm system in this facility, at the direction and to the satisfaction of the Providence Fire Marshal’s office, division of communications, within six (6) months of the date of this decision.  The Board further directs the Applicant to provide the Providence Fire Marshal’s office with plans outlining the extension and/or upgrade of the fire alarm system within sixty (60) days of the date of this decision.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the State and Providence Fire Marshal’s offices within six (6) months of the date of this decision.  The Board further directs the Applicant to provide the State and Providence Fire Marshal’s offices with plans for the upgrading of the emergency lighting system within this facility within sixty (60) days of the date of this decision.
	
4.  The Board hereby directs the Applicant to provide this facility with approved exit signage within six (6) months of the date of this decision at the direction and to the satisfaction of the State and Providence Fire Marshal’s offices.  The Board further directs the Applicant to provide the State and Providence Fire Marshal’s offices with plans outlining the upgrade of the exit signage within this facility within sixty (60) days of the date of this decision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing the stairways with rated enclosures at the floor level through the ceiling circle, within six (6) months of the date of this decision.  The Board further directs that there shall be no occupancy above the first floor of this facility.  Finally, the Board directs the Applicant to provide its plans for enclosure of the stairways to the State and Providence Fire Marshal’s offices for their approval within sixty (60) days of the date of this decision.
	
6.  It is the understanding of the Board that the Applicant shall correct deficiency #6 by complying with the Board’s plan of action outlined in deficiency #5 above.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by providing approved sprinkler coverage throughout the basement of this facility and in the carpenter shop, at the direction and to the satisfaction of the State and Providence Fire Marshal’s offices within a time frame approved by the State and Providence Fire Marshal’s offices.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 as part of its overall plan of action for this facility by properly testing the sprinkler pipe in the basement area and modifying it, if necessary, to assure proper flow.  The plans for this testing shall be provided to the State and Providence Fire Marshal’s offices for approval within sixty (60) days and the system shall be installed within six (6) months of the date of this decision. 
	
9.  In the event either party has any questions or needs additional relief, this file shall remain open until the project is concluded.

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)].