The above-captioned case was scheduled for hearing on November 18, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Blackburn, Richard, Jackson and Preiss were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner 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 July 15, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 18, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the July 15, 2008 inspection 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.  During the November 18, 2008 hearing, the Board was advised that the basement area of this facility contains only mechanical and storage and is not generally occupied.  Accordingly, the Board hereby grants a variance from the provisions of sections 17.2.2.1 and 17.2.2.2.1 in order to allow the Applicant to maintain the second means of egress from the basement through a bulk head.  In granting this relief, it is the understanding of the Board that the State Fire Marshal's office has no objection to the allowed emergency egress in light of the current occupancy of this area.  This variance is contingent upon the Applicant maintaining the basement area only for mechanical and storage use.
	2.  The Board hereby grants a variance from the provisions of section 17.2.2.3.1 in order to allow the Applicant to maintain the existing primary egress from the above basement area subject to the same conditions.  The Board notes that the State Fire Marshal's office also has no objection to this variance based on structural hardship and the current occupancy.

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)].