The above-captioned case was scheduled for hearing on December 13, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester and Dias were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian and James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairperson Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based upon a December 1, 2011 correspondence submitted by the East Providence Fire Marshals Office, the Board finds that the subject facility is a structure of mixed occupancy which includes business and residential occupant use.  The Board was further advised and finds that the structure consists of Type V (000) construction with 3,849 square feet of living space.  The Board was further advised and finds that the structure is a tri level structure with access to the lower level that can be secured from the exterior which includes approximately four (4) steps down to the egress entrance.  

The Board was further advised and finds that the lower level also includes an interior stairway which leads to the upper level.  The Board was further advised and finds that the interior stairway leads to the interior of the business portion of the building.  The Board was further advised and finds that the lower level is where the proposed renovations shall take place.  Finally, the Board was advised and finds that the upper levels of this facility can be accessed from both the front of the building and the rear of the building.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a structural variance from the provisions of section 7.1.5 in order to allow the Applicant to maintain the existing headroom beneath the steel beams of the lower level of this facility.  In granting this relief, it is the understanding of the Board that the Applicant shall utilize the lower level for storage with a small area devoted to research and an employee bathroom.  Specifically, the lower level shall be utilized by the business staff only and not be open to the public.
	2.  The Board hereby grants the Applicant a structural variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing cited exit width of the stairway servicing the lower level of this facility.  Again, this variance is conditioned upon the Boards understanding as outlined in item 1 above.

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)].