The above-captioned case was scheduled for hearing on February 8, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Burlingame and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame 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 February 5, 2005 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 February 8, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the February 5, 2005 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of sections 13.2.2.3 and 7.2.1.3 in order to allow the Applicant to maintain the existing cited floor elevation where egress doors to stairways 1 and 2 open directly over the outside stairs.  This variance is granted on the basis of structural hardship in light of the existing condition.
	
2.  The Board hereby grants a variance from the provisions of sections 13.2.2.3 and 7.2.2.4.2 in order to relieve the Applicant of the handrail requirement for both sides of stairs and ramps as this requirement relates to outside egress stairways 1 and 2 which do not have handrails on either side.  This variance is granted on the basis of structural hardship.
	
3.  The Board directs the Applicant to correct deficiency #3 by providing this facility with approved emergency lighting installed and tested at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing the Providence Fire Marshal’s office with plans that show that the existing stairs have treads and risers in compliance with Table 7.2.2.2.1(b).
	
5.  The Board hereby grants a variance from the provisions of sections 13.2.2.3 and 7.2.2.4.5 in order to allow the Applicant to maintain the existing hand rails at twenty-seven (27”) to twenty-eight (28”) inches in existing stairways 1, 2 and 3 of this facility.
	
6.  The Board hereby grants a variance from the provisions of sections 13.2.2.3 and 7.2.2.4.6 in order to allow the Applicant to maintain the existing historic stair construction of this facility along with the existing guard rails.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by maintaining the third floor of this facility as a business occupancy.  Specifically, there shall be no assembly on the third floor of this facility in light of the current construction and the fact that the third level does not comply with the definition of a mezzanine.  

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)].