The above-captioned case was scheduled for hearing before a subcommittee of the Board on February 17, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Blackburn and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Blackburn to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  

The above recommendations were thereupon presented to the full Board on February 22, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Jackson, Jasparro, Dias, Filippi, Richard and Walker were present.  A motion to approve the subcommittee recommendations was made by Commissioner Richard and seconded by Commissioner Jasparro.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	During the February 17, 2011 subcommittee hearing on this matter, the Board was advised that the Applicant sought relief from the provisions of section 7.2.2.2.1 with regard to the non-conforming stair dimensions in the basement of this facility.  The Board was further advised and finds that it had previously granted a variance for this stair on February 23, 1999 in file number 990025.  The Board has been advised and further finds that there are three (3) means of egress from the basement of this facility and it is limited to general storage without public access or occupancy.  The Board further finds that this facility is fully sprinklered with a new fire alarm system, emergency lights and exit signs and that there is a newly placed fire hydrant within one hundred fifty (150) feet of the building.  In light of the above, the East Providence Fire Marshals Office had no objection to the reaffirmation of the original decision.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1 in order to allow the Applicant to maintain the existing means of emergency egress from the basement of this facility in conjunction with a properly engineered approved means of egress as presented to the Board on March 2, 1999 by the Applicant with the approval of the East Providence Fire Marshals Office.  The Board notes that the Applicant will continue to be subject to the same conditions outlined in its original decision in file number 990025.  Finally, the Board notes that the East Providence Fire Marshals Office did not object to the continuation of this relief in light of all of the safeguards provided this facility and previously approved 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).