The above-captioned case was scheduled for hearing on September 16, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Richard, Preiss, Jasparro, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the September 16, 2008 hearing on this matter, the Board was presented with an August 12, 2008 conditional plan review approval by the Providence Fire Marshal's Office.  The Board was further advised and finds that the Applicant would need relief from the provisions of sections 7.7.2, 7.7.2.2 and 7.7.2.3 in that the Applicant proposes to exit to a parking garage and a stairway to a foyer and have a door exit the proposed area from behind a security desk.  During the September 16, 2008 hearing, the Board agreed to leave this file open in the event additional relief was necessary, and the Applicant agreed to bring this facility into compliance as a gymnasium under the code.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 7.7.2, 7.7.2.2 and 7.7.2.3 in order to allow the Applicant to maintain the above described egress from the Applicants proposed fitness center, at the direction and to the satisfaction of the Providence Fire Marshal's Office.  This relief is further conditioned upon the Applicants bringing the remaining facility into full compliance as a gymnasium.  Finally, the Board shall maintain this as an open file in the event additional relief is deemed necessary by both the Applicant and the Providence Fire Marshal's Office.

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)].