The above-captioned case was scheduled for hearing on September 14, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Walker and Dias were present.  Commissioner Blackburn did not participate in this hearing.  The fire service did not appear but submitted a September 14, 2010 letter indicating that it had no objection to the requested relief.  A motion was made by Commissioner Walker and seconded by Commissioners Preiss and Richard 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 17, 2010 engineers report submitted by the Applicant.  The May 17, 2010 engineers report along with a September 14, 2010 letter from the Providence Fire Marshal indicating he had no objection to the requested relief were utilized by the Board and the Applicant during the September 14, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the May 17, 2010 engineers report along with the Providence Fire Marshals September 14, 2010 letter indicating he had no objection to the requested relief 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 section 8.2.3.1 in order to permit the stairway doors of the subject facility to be replaced utilizing the existing door frames.  In granting this relief, it is the understanding of the Board that the existing metal door frames are not provided with a UL listing but are located within masonry wall construction.  The Board further finds that due to the ceiling heights in some areas, the door frames cannot be replaced without significant impact to the surrounding area.  Finally, the Board notes that the Providence Fire Marshals Office has no objection to granting this relief.

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)].