The above-captioned case was scheduled for hearing on September 30, 2008 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Pearson, Jasparro, Jackson, Blackburn, Dias and Walker were present.  Vice Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Paul Doyle of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Jackson and Blackburn 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 May 19, 2008 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 30, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the May 19, 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.  The Board hereby directs the Applicant to correct deficiency 1 by properly posting the occupancy of this facility at the direction and to the satisfaction and within a timetable established by the Providence Fire Marshal's Office.
	2.  The Board hereby grants a variance from the provisions of sections 13.2.5.1 and 7.7.1.1 in order to allow the Applicant to propose and the Providence Fire Marshal's Office to approve a reasonable plan of action addressing the fact that the second means of egress discharges within twenty-nine (29) inches of a generator and the building.  The Board notes that the Applicant may not be able to achieve full compliance with the code in that some of this deficiency occurs outside of their property lines.  In any event, the Board shall maintain this file open until such a plan of action is reviewed and approved by the Providence Fire Marshal's Office.  In the event the parties need to return to the Board, they may do so.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with an approved key box installed at the direction, to the satisfaction and within a timetable established by the Providence Fire Marshal's Office.
	4.  The Board hereby grants a variance from the provisions of sections 13.2.1 and 7.1.5.3 in order to allow the Applicant to maintain the existing cited head room in the rear stairway of this facility at seventy-three (73) inches.  This variance is granted on the basis of structural hardship.
	5-8.  The Board hereby directs the Applicant to correct deficiencies 5, 6, 7 and 8 as outlined on the May 19, 2008 inspection report, at the direction, to the satisfaction and within a timetable established by the Providence Fire Marshal's Office.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by having the new fire alarm system approved.  The Board hereby directs the Applicant to upgrade the fire alarm system at the direction and to the satisfaction of the Providence Fire Marshal's Office in accordance with a timetable established by that 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)].