The above-captioned case was scheduled for hearing on July 31, 2012 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Dias, Walker, Jackson, Sylvester, Burlingame and Blackburn were present.  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 Blackburn and seconded by Commissioner Burlingame 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 May 31, 2012 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicants representative and the Providence Fire Marshals Office during the July 31, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the May 31, 2012 plan review 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.  During the July 31, 2012 hearing on this matter, the Board was advised that the applicant planned to correct all of the deficiencies outlined on the May 31, 2012 plan review report with the exception of items 2 and 3 for which the applicant sought consideration by a variance from the Board.  Accordingly, it is the understanding of the Board that the applicant shall correct deficiency 1 at the direction and to the satisfaction of the Providence Fire Marshals office.
	2.  During the July 21, 2012 hearing on this matter, the Board voted to deny the applicants request not to provide sprinkler protection under the new open combustible stair platform of this facility.  In denying this variance request, the Board notes that there has been no showing of structural or other hardship in this case.  Accordingly, in denying this request, the Board hereby grants the applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 2 and an additional 120 days in order to implement that plan of action at the direction and to the satisfaction of the Providence Fire Marshals office.
	3.  The Board has denied the applicants initial request for a variance in order to maintain the means of egress through the kitchen of this facility, and has determined to grant the applicant a time variance in order to develop a plan of action with the Providence Fire Marshals office for the correction of deficiency 3.  Accordingly, the Board hereby grants the applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of deficiency 3 to the Providence Fire Marshals office.  The Board further grants the applicant an additional 120 days in order to implement the above plan of action at the direction and to the satisfaction of the Providence Fire Marshals office.
	4-10.  The Board hereby directs the applicant to correct any remaining deficiencies outlined in items 4 through 10.  The Board hereby grants the applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action for the correction of the above deficiencies and an additional 120 days to implement that plan of action.

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)].