The above captioned case was scheduled for hearing on November 27, 2001 at l:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Evans, Coutu, Richard and O’Connell were present.   The fire service was represented by  Deputy State Fire Marshal Kevin Murphy of the State 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 a September l8, 2001 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 November 27, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the September l8, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.	In light of the Applicant’s proposed resolution with regards to the folding petitions as outlined in item #2 below, it is the finding of the Board that deficiency #l is moot and not a requirement for this facility at this time.

2.	The Board hereby grants a variance from provisions of Section 5-2.l.l2 in order to allow the Applicant to permanently secure the cited folding partition in an open position. In granting this variance, the Board notes that the Applicant shall now have full utilization of all of the exits from this area.  Accordingly, deficiencies #l,3 and 5 are moot.

3.	In light of the Applicant’s plan of action for this facility as outlined in item #2 above, the Board finds item #3 moot and not a violation of the State Fire Code.

4.	The Board hereby grants a variance from the provisions of Section 5-l.3.2.l in order to allow the Applicant to maintain the existing restroom doors, which open onto the stairway corridor.  This variance is granted in the absence of an objection by the State Fire Marshal.

5.	The Board notes that several of the cited deficiencies in item #5 may be addressed in part by the Applicant’s solution in item #2.  However, the Board directs the Applicant to correct the remainder of deficiency #5 by repairing and/or replacing the cited doors and hardware, at the direction and to the satisfaction of the State Fire Marshal’s Office.  Specifically, it is the understanding of the Board that deficiency #5 shall be fully corrected as part of the Applicant’s ongoing maintenance program for this facility.

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)]