The above-captioned case was scheduled for hearing by a subcommittee of the Board on March 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Walker, Dias and Jasparro were present.  Commissioner Filippi recused herself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Christopher Moore of the State Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Walker 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 March 15, 2011 at 1:00 P.M.  At that time, they were approved pursuant to a motion by Commissioner Pearson and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 31, 2009 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 March 8, 2011 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the August 31, 2009 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 29.2.2.3 and 7.2.2 along with Table 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing cited interior stairs within this facility.  This variance is granted on the basis of structural hardship.
	2.  The Board hereby grants a variance from the provisions of section 29.2.4.2 and its referenced standards in order to allow the Applicant to maintain the existing egress from the third floor of this facility as modified herein.  The Board hereby approves the Applicants plan to supply a single step stair on the south side push-out windows of this facility.  The Board notes that this is a fully sprinklered building.  Finally, the Board directs the Applicant to secure testing of the fire escape system to the satisfaction of the State Fire Marshals Office to ensure that the fire escape is structurally sound and in good working order.
	3-12.  It is the understanding of the Board that the Applicant shall correct deficiencies 3-12, at the direction and to the satisfaction of the State Fire Marshals Office prior to the re-opening of the first floor of this facility.
	13.  During the March 8, 2011 hearing on this matter, the Board was advised that lowering the fire escape ladder from the 89 current position would impose a security hardship upon the Applicant.  Accordingly, the Board shall allow the Applicant to revise its ladder system to provide a slide down ladder activated from the fire escape, at the direction and to the satisfaction of the State Fire Marshals Office within a timetable established by that Office.  As a further condition of this variance as outlined in item 2 above, the Applicant shall test the fire escape system of this facility and fully maintain it.

 
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)).