The above-captioned case was scheduled for hearing on July 8, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro, Walker, Pearson, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Richard and Jasparro 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 June 5, 2008 revised plan review report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the July 8, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the June 5, 2008 plan review 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. 
	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.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing egress from the basement of this facility.  In granting this variance, it is the understanding of the Board that the basement is unoccupied and that the basement door shall be secured to prevent clients from entering that area.  It is the understanding of the Board that the Applicant is currently not occupying the second floor of this facility.  In the event the Applicant wishes to provide limited occupancy on the second floor, the Board hereby grants a variance in order to allow the Applicant to maintain the existing stairs leading to the second floor, provided that the Applicant installs a new compliant stairway providing a second means of egress from the second floor.  In light of the above and the limited occupancy, it is the understanding of the Board that the East Greenwich Fire Marshal's office has no objection to this plan of action.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by having the fire alarm system of this facility approved by the East Greenwich Fire Alarm Division.
	3.  The Board hereby grants a variance from the provisions of section 38.3.1 and its referenced standards in order to allow the Applicant to maintain the unenclosed stairwell leading to the second floor of this facility.  In granting this variance, the Board notes, as outlined in item 1 above, that if the second floor is to be occupied in the future, the Applicant shall first provide an approved, compliant second means of egress in addition to the open stairs.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the furnace area with protection.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing approved exit signage throughout this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved emergency lighting.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing this facility with an approved interior finish.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved portable fire extinguishers.

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)].