The above-captioned case was scheduled for hearing on August 30, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson and Walker were present.  Commissioner Dias recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Jackson to reaffirm the original variance granted in this case in 1992.  The motion was unanimous.

FINDINGS OF FACT
	During the August 30, 2011 hearing on this matter, the Board was advised and finds that the Applicant had an original variance granted in 1992 allowing it to maintain the existing glass doors and other glass separation between the four (4) tenant spaces of this facility and the exit stair.  The Board further finds that although the building is not fully sprinklered, the sidewall sprinklers exist on both sides of the glass doors in order to protect these openings to the stairs.  The Board finds that this arrangement had been approved by it in file number 920097 on or about July 29, 1992.  The Board finds that the Providence Fire Marshals Office, by letter dated August 4, 2011, advised the Board that it had no objection to the continuation of this variance.  It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.

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 reaffirms its original variance as outlined in file number 920097 in order to allow the Applicant to maintain the above glass doors and enclosures of the cited exit stairway of this facility.  In granting this variance, the Board directs the Applicant to maintain the sprinkler coverage on both sides of the above glass doors, at the direction and to the satisfaction of the Providence 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)].