The above-captioned case was scheduled for hearing on June 28, 2011 at 1:00 P.M. At that time, Acting Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester and Burlingame were present. The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office along with Assistant Deputy Fire Marshal Brian Kreizinger of the Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioners Dias and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous. 

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a January 31, 2011 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the State and Providence Fire Marshals Offices during the June 28, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 31, 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, is defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. (11-153-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 1 by removing the cited extension cord to the satisfaction of the State Fire Marshals Office. 
2.  (11-152-VN)  It is the understanding of the Board that the Applicant has corrected Deficiency 2 by removing the cited daisy chained extension cords to the satisfaction of the State Fire Marshals Office.
3.  (11-146-VN)  The Board hereby directs the Applicant to correct Deficiency 3, in accordance with the Applicants approved plan of action, within a timetable established by the State Fire Marshals Office. Specifically, the Board hereby approves the Applicants plan of action to install a pair of doors across the existing cited dead end corridor to reduce the cited corridor length to approximately fifty-eight (58) feet and to make the other improvements outlined in his plan of action including the re-routing of the egress within this area. Accordingly, the Board hereby grants a variance to allow the Applicant to maintain the resulting common path of travel and proposed re-routed egress. 
4.  (11-151-VN)  The Board hereby directs the Applicant to correct Deficiency 4, within a timetable established by the State Fire Marshals Office, in accordance with the Applicants approved plan of action. Specifically, the Board notes that the cited standpipe is not required. Accordingly, the Applicant is hereby authorized to cap off the standpipe and remove it from service at this time, at the direction and to the satisfaction of the State Fire Marshals Office. 
5.  (11-155-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 5, by providing the cited light switch cover plate, to the satisfaction of the State Fire Marshals Office.
6.  (11-142-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 6, by addressing the stairway storage space issue, to the satisfaction of the State Fire Marshals Office.
7.  (11-154-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 7, by providing the cited junction boxes with approved covers, to the satisfaction of the State Fire Marshals Office.
8.  (11-160-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 8, by providing the cited closets and storage areas with approved heat detection, to the satisfaction of the State Fire Marshals Office.
9.  (11-157-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 9, by providing the cited sprinkler heads with approved escutcheon plates,  to the satisfaction of the State Fire Marshals Office.
10.  (11-147-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 10, by addressing the cited door closure issue, to the satisfaction of the State Fire Marshals Office.
11.  (11-143-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 11, by removing the cited storage of combustibles within the egress stairwell, to the satisfaction of the State Fire Marshals Office.
12.  (11-159-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 12, by relocating the cited sprinkler head, to the satisfaction of the State Fire Marshals Office.
13.  (11-162-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 13, by providing the cited stairwells with approved smoke detection at each level, to the satisfaction of the State Fire Marshals Office.
14.  (11-149-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 14, by addressing the class rating of the cited one quarter inch (1/4) paneling to the satisfaction of the State Fire Marshals Office.
15.  (11-163-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 15, by providing a smoke detector within close proximity of the cited fire alarm control panel, to the satisfaction of the State Fire Marshals Office.
16.  (11-150-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 16, by properly mounting or otherwise addressing the cited fire extinguisher,  to the satisfaction of the State Fire Marshals Office.
17.  (11-145-VN)  The Board hereby directs the Applicant to correct Deficiency 17, within a timetable established by the State Fire Marshals Office, in accordance with the Applicants approved plan of action. Specifically, the Board approves the Applicants plan to install a pair of doors across the existing sixty-one foot corridor to reduce the cited dead end portion to approximately thirty-four (34) feet at the direction and to the satisfaction of the State Fire Marshals Office. 
18.  (11-141-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 18, by providing the cited sliding boiler room door with an approved fusible link, or otherwise correcting this deficiency, to the satisfaction of the State Fire Marshals Office.
19.  (11-161-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 19, by providing the additional above-ceiling heat detection, to the satisfaction of the State Fire Marshals Office.
20.  (11-144-VN)  The Board hereby grants the Applicant a variance to allow the Applicant to maintain the fifty-eight (58) foot corridor resulting from his plan of action as outlined in Item 3 above. In granting this relief of approximately eight (8) feet, the Board notes that there is no general public occupancy and that the people who utilize this area are either all employees of the Applicant or individuals who are escorted through this area by employees of the Applicant.   
21.  (11-156-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 21, by re-orienting the cited sprinkler head, to the satisfaction of the State Fire Marshals Office.
22.  (11-158-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 22, by providing the cited concealed sprinkler heads with approved cover plates, to the satisfaction of the State Fire Marshals Office.
23.  (11-148-VN) It is the understanding of the Board that the Applicant has corrected Deficiency 23, by addressing the cited boiler room door, to the satisfaction of the State Fire Marshals 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)].