The above-captioned case was scheduled for hearing on December 9, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Jackson, Jasparro, Pearson, Walker, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Gregory Unsworth and John Horan of the North Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Jackson and Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility was previously a bank building being converted to a veterinary hospital.  The Board further finds that the subject facility maintains two (2) means of egress on the first floor and one (1) means of egress from the basement to a door shared with the second floor of this facility.  The Board finds that the North Providence Fire Marshal's office was concerned that the door is located below grade and shared with the second level of this facility.
	The Board further finds that there is no access by the public to the basement of this facility and that the basement would generally be occupied with a maximum of six to seven veterinary and technical personnel.  Finally, the Board finds that the Applicant is proposing to provide this facility with a new fire alarm system installed at the direction and to the satisfaction of the North Providence Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 38.2.4.1 through 38.2.4.3 in order to allow the Applicant to maintain the single means of egress, as described above, from the basement level of this facility with the following safeguards.  As a condition of this variance, the Board directs the Applicant to enclose the stairwell servicing the basement and second floor of this facility with approved fire rated materials installed at the direction and to the satisfaction of the North Providence Fire Marshal's office and to further provide this facility with an approved fire alarm system installed at the North Providence Fire Marshal's office.  Upon completing of the above installation, the Applicant will be free to occupy the lower level of this facility.
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)].