The above captioned case was scheduled for a hearing on February 26, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Coutu, Richard, Evans, Pearson, Filippi and Burlingame were present. The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook 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 December l3, 2001 inspection report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal during the February 26, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the December l3, 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.	The Board hereby directs the Applicant to correct deficiency #l by providing this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.

2.	It is the understanding of the Board that the Applicant has corrected deficiency #2 by providing this facility with approved fire extinguishers, to the satisfaction of the East Providence Fire Marshal’s Office.

3.	The Board hereby directs the Applicant to correct deficiency #3 by providing this facility with approved exit signage and to further provide this facility with approved emergency lighting, in accordance with the provisions of Section 26-2.l0 and its related standards.

4.	The Board hereby grants a variance from the provisions of Section 26-2.2.3 and 26-2.2.3.l in order to allow the Applicant to maintain the existing plaster wall construction separating the basement from the first floor of this facility.  The Board further grants a variance from the above provisions in order to allow the Applicant to provide existing door jambs leading from the basement to the first floor of this facility with solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

5.	The Board hereby grants a variance from the provisions of Section 26-3.2.1 in order to allow the Applicant to maintain the non-rated basement area being utilized for business related storage.  In granting this variance, the Board directs the Applicant to provide an approved domestically supplied sprinkler system throughout the basement of this facility.  The above system shall be properly engineered, at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, within one hundred and twenty (l20) days from the date of this Decision.

6.	The Board hereby grants a variance from the provisions of Section 5-l.4 in order to allow the Applicant to maintain the existing rating of the cited stairways within this facility.  In granting this variance, the Board directs the Applicant to provide an approved Class “A” finish over the wood paneling within the stairways and egress system.

7.	It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing the cited basement doors with approved self-closing devices.

8.	As outlined in item #3 above, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of Section 26-2.9 and 26-2.9.l, within one hundred and twenty (l20) days from the date of this Decision.

9.	As outlined in item #5 above, the Board hereby grants a variance from the provisions of Section 26-2.3.1 in order to allow the Applicant to maintain approved domestically supplied sprinkler systems within the basement of this facility.  The above system shall be installed as outlined in item #5 above.

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 in 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)]