The above-captioned case was scheduled for hearing on February 9, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Preiss, Filippi, Walker and Richard were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Pearson 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 September 23, 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 February 9, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the September 23, 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.1.5.1 in order to allow the Applicant to maintain the existing cited space between the exit sign and the floor of this facility in the third floor corridor.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshal's office has no objection.
	2.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.1.5.1 in order to allow the Applicant to maintain the existing head room on the stairs leading from the third floor to the second floor of this facility.  This variance is also based on structural hardship and the absence of an objection by the State Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of sections 29.2.2.3 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the cited winding stairs in this facility on the basis of structural hardship.
	4-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5 and 6 at the direction and to the satisfaction of the State Fire Marshal's office.
	7.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.1.5.1 in order to allow the Applicant to maintain the existing cited headroom from the various sprinkler pipes, smoke detectors and exit signs throughout this facility.  This variance is based on structural hardship due to existing conditions.
	8.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.1.5.1 in order to allow the Applicant to maintain the existing headroom on the stairs leading from the second floor to the first floor of this facility, on the basis of structural hardship and existing condition.
	9.  The Board hereby grants a variance from the provisions of sections 29.2.3.2 and 7.3.4.1.2 in order to allow the Applicant to maintain the existing cited width on the hallway of the second floor leading to the third floor stairwell.  This variance is based on structural hardship and existing conditions.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the State Fire Marshal's office.
	11.  The Board hereby grants a variance from the provisions of section 29.2.2.3 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing cited winders leading from the second floor to the first floor of this facility.  This variance is based on structural hardship and existing conditions.
	12.  The Board hereby grants a variance from the provisions of sections 29.2.1.1 and 7.1.5.1 in order to allow the Applicant to maintain the existing cited headroom in various areas on the first floor and the basement of this facility as outlined in the September 23, 2008 report.  This variance is also based on structural hardship and existing conditions.
	13.  The Board hereby grants a variance from the provisions of sections 29.2.2.2.1 and 7.2.1.2.4 in order to allow the Applicant to maintain the existing cited width of the door leading to the center stairwell of this facility.  This variance is also granted on the basis of structural hardship and existing conditions.
	14-25.  It is the understanding of the Board that the Applicant has corrected deficiencies 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 at the direction and to the satisfaction of the State 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)].