The above-captioned case was scheduled for hearing on June 21, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals Bruce rice and Chris Hiener of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Jasparro 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 June 8, 2011 inspection report compiled by the Union fire District Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the June 21, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the June 8, 2011 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance in order to allow the Applicant to maintain mercantile occupancies, each limited to a posted maximum of forty-eight (48) people, on the first and second levels of this building. As a condition of this relief, the Board directs the Applicant to work with the Union Fire District Fire Marshals Office and to provide fire rated doors on the front and rear stairs and to further provide domestically-supplied sprinkler heads on the stair enclosure serving the mercantile occupancy on the second level of this facility prior to the occupancy of the second level of this facility. 

Finally, the Board directs the Applicant to provide first floor door, leading into the second floor egress stairway, with an approved magnetic hold open device, connected to the fire alarm system. The above hold open device would allow the Applicant to maintain access to both levels during normal operations and to further provide separation of the egress system during a fire alarm activation.       

STATUS OF DECISION AND APPEAL RIGHTS
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)].