The above-captioned case was originally scheduled for hearing on March 18, 2008.  At that time, it was recommended that the parties develop a plan of action and return to the Board on April 29, 2008.  The parties returned on April 29, 2008 and the Applicant presented the Board with floor plans that he had developed and documentation covering the proposed improvements to this facility.  At that time, after review of the Applicants plans with the Providence Fire Marshals Office, the Board determined that this matter would be best addressed with an on-site subcommittee tour of the facility. 
A subcommittee of the Board toured the entire facility on May 20, 2008 at 10:00 AM.  The subcommittee recommendations were presented to the full Board on May 20, 2008 at 1:00 PM.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Richard, Jackson and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous. 

During the above May 20, 2008 hearing, the Providence Fire Marshals Office requested an opportunity to return to the Board to present a progress report on June 24, 2008.  At that time, the parties advised the Board that the spray booth was not in operation and would not be so operated until documentation as to its compliance with the fire code had been submitted and approved. 

The owner also provided the Board with certain documentation covering the spray booth.  However, it was determined that such documentation should be certified by a Rhode Island licensed engineer or architect.  Finally, it was noted by the Board that the written Decision, covering this facility, had not been published, pending the June 24, 2008 hearing, and that the Decision would now be expedited so that both parties would be fully aware of the relief granted to, and the obligations of, the Applicant.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 4, 2008 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the May 20, 2008 and June 24, 2008 hearings on this matter.  Accordingly, the Board hereby incorporates the February 4, 2008 report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	Board further finds that this is a multi-level building with the non-combustible auto-parts storage portion being four stories in height.  The western portion of the first floor of the building is an industrial occupancy with a small office.  The industrial occupancy contains an inactive spray room, a mixing room and a repair shop area.  The spray room appears to be a pre-fabricated room that was retrofitted into the building by the Applicant.  The Applicant has agreed to provide documentation demonstrating the spray rooms compliance with the fire code.  

The Board finds that the spray room and the mixing room appear to be separated from the remainder of the facility by block construction with small penetrations that will be properly sealed by the Applicant.  The Board finds that the Applicant will provide documentation addressing the proper separation of these hazard areas from the remainder of the facility.  The eastern portion of the first floor is utilized for a non-combustible-auto parts storage and an office area.  The second, third and fourth levels are utilized for non-combustible auto-parts storage and are generally unoccupied levels. 

The Board finds that a primary concern of the Providence Fire Marshals Office is the establishment of proper fire department access/occupant egress routes throughout this facility and especially on the upper storage levels.  The Board notes that the Applicant has installed several new egress doors on the upper levels and that his architect plans to upgrade the egress system from these storage areas through caging and other means.  The Board finds that the Providence Fire Marshals Office is also concerned about the structural integrity of the floors and stairways of the upper level storage areas.   
The Board finds that there appears to be an unoccupied dwelling unit on the eastern portion of the second level.  The Applicant has advised the Board that this unit is not currently occupied and shall not be occupied as a residential unit in the future. 
	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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	In its January 4, 2008 inspection report, the Providence Fire Marshals Office determined that due to the lack of separation from the spray room and the remainder of the building, the entire building is required to be protected by a compliant NFPA 13 sprinkler system.  The Board hereby determines that once the Applicant has provided the Providence Fire Marshals Office with documentation, from a Rhode Island licensed engineer, that the spray room, extinguishing system, electrical wiring, lighting and ventilation in this area are in compliance with the code, and that the area is properly separated from the remained of the building, then deficiency 1 shall be moot.  
	Additionally, within 48 hours of the May 20, 2008 hearing, the Applicant was directed to provide an approved temporary cover over, and railing around, the vertical opening from the first to the second level that is occasionally utilized to transport the stored parts between levels.  The Applicant is directed to leave this area covered when parts are not being transferred between levels.  
	Additionally, during the May 20, 2008 hearing, the Applicant was directed to provide the Providence Fire Marshals Office with documentation establishing the structural integrity of the floors and stairways in the parts storage areas.  Initially, the Applicant was to provide this documentation through its architect or a licensed engineer.  However, during the June 24, 2008 hearing the Applicant advised the Board of the high cost of this certification.  The Board thereupon advised the parties that these structural issues could also be reviewed and addressed by the Providence Building Official.  Upon review by the Building Official, the Board directs the Applicant to provide any additional support deemed necessary by the Building Official. 
	The Applicant is hereby directed to provide the above review and documentation, to the Providence Fire Marshal, prior to the parties scheduled return to the Board on July 29, 2008. 
2.	The Board hereby grants a variance to allow the Applicant to maintain the spiral stairways in this facility without a second handrail.  The Board notes that these stairways are not utilized by the public.  The Board directs the Applicant to correct the remainder of the deficiency by completing construction of the fire escape system to provide for emergency egress from each level and by providing an emergency exit door through the overhead door located within the eastern portion of the first floor of the building. 
The Board further grants the Applicant a variance to maintain the existing changes of elevation within the facility.  As a condition of this variance, the Board directs the Applicant to mark these areas with yellow paint and to place a Watch Your Step sign in any such area where it is deemed necessary by the Providence Fire Marshals Office. 
The Board directs the Applicant to submit plans to the Providence Fire Marshals Office detailing the establishment of clear fire personnel access and occupant egress routes throughout this facility.  The Board notes that those auto parts, hanging from the ceiling and/or racks, should be either caged off to allow for clear unobstructed access and egress or these hanging auto parts should be stored on shelves so as not to interfere with access and egress within the facility.  The above plans shall be presented to the Providence Fire Marshal prior to the July 29, 2008 hearing on this matter.
3.	It is the understanding of the Board that the Applicant has corrected Deficiency 3.
4.	The Board hereby directs the Applicant to correct Deficiency 4, at the direction and to the satisfaction of the Providence Fire Marshals Office, by providing properly illuminated exit signage, and not an exit signs where appropriate, throughout the building as part of the fire alarm upgrades outlined in item 7 below.
5.	As outlined in item 2 above, the Board hereby grants the Applicant a variance to maintain the existing changes of elevation within the facility.  As a condition of this variance, the Board directs the Applicant to mark these areas with yellow paint and to place a Watch Your Step sign in any such area where it is deemed necessary by the Providence Fire Marshals Office.
6.	The Board hereby directs the Applicant to correct Deficiency 6, at the direction and to the satisfaction of the Providence Fire Marshals Office, by providing approved emergency lighting throughout the building as part of the fire alarm upgrades outlined in item 7 below.
7.	The Board has been advised that the Applicant has submitted plans for the municipal connection of the fire alarm system in this facility.  Upon approval of the plans, the Board directs the Applicant to install the Municipal Fire Alarm System, along with the above emergency lighting and exit signage, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board expects a progress report from the parties, regarding this installation, on July 29, 2008.   
8.	The Board hereby grants a variance to allow the Applicant to maintain the cited stairways provided that they are maintained as structurally sound as outlined in item 1 above. 
9.	The Board hereby grants a variance to allow the Applicant to maintain the existing spiral stairways within this facility in accordance with the conditions outlined in items 2 and 8 above.
10-17.	The Board hereby directs the Applicant to provide the Providence Fire Marshals Office with an engineers evaluation and report confirming the Applicants code compliance with items 10, 11, 12, 13, 14, 15, 16 and 17, code compliance covering the spray booth, its various components, and the spray room.  The Applicant should provide the Providence Fire Marshals Office with this evaluation and report prior to the July 29, 2008 hearing on this matter.  As a condition of this time relief, the Board directs that the Applicant shall not conduct spray operations within the spray booth, or within this building, until such time as the spray booth has been certified as compliant.
 

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 Applicants 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 Boards 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 Boards 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)].