The above-captioned case was scheduled for hearing on July 17, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester and Burlingame were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Pearson 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 January 6, 2012 inspection report (11-1509-IS) compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 17, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the January 6, 2012 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 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.  (11-2813-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing winding stair treads.  In granting this variance, it is the understanding of the Board that the State Fire Marshals Office has no objection based upon structural hardship.
	2.  (11-2814-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing elevator which opens into an exit stairwell.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshals Office has no objection in light of the Applicants sprinkler and fire alarm coverage.
	3.  (11-2868-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 3.
	4.  (11-2816-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited common path of travel to the second and third floor record storage and the first floor loading dock.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshals Office has no objection in light of the storage occupancy and lack of public access.
	5.  (11-2819-VN).  It is the understanding of the Board that this is not a violation of the State Fire Code.
	6.  (11-2820-VN).  The Board hereby grants a variance in order to allow the Applicant additional time to correct this deficiency to the satisfaction of the State Fire Marshals Office as part of the overall plan of action.  It is the understanding of the Board that the Applicant shall extend sprinkler coverage or heat detection into this space and the louvered door has been replaced with a ninety (90) minute door in the existing door jamb with a locking mechanism.  Accordingly, the Board hereby grants the Applicant a time variance of sixty (60) days in order to develop a plan of action for the correction of this and the other deficiencies and an additional ninety (90) days in order to allow the State Fire Marshals Office to review and approve the plan of action.  The Board further grants the Applicant an additional 150 days to implement the plan of action, which the State Fire Marshals Office shall have the authority to extend.  Finally, the Board directs that the file shall be maintained as an open file in the event the parties need to return to address any further issues.
	7.  (11-2821-VN).  It is the understanding of the Board that item 7 has been corrected.
	8.  (11-2843-VN).  The Board hereby grants an initial variance in order to allow the Applicant to maintain the existing cited condition due to structural hardship.  However the Board further grants the Applicant the time variance outlined in item 6 above in order to allow the Applicant to explore the possibility of designing an egress into and through the parking garage, at the direction and to the satisfaction of the State Fire Marshals Office as part of the overall plan of action.
	9.  (11-2860-VN).  The Board hereby grants a variance to allow the Applicant to utilize the timetable outlined in item 6 above in order to correct deficiency 9 to the satisfaction of the State Fire Marshals Office.
	10.  (11-2861-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 10 to the satisfaction of the State Fire Marshals Office.
	11.  (11-2862-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 11 at the direction and to the satisfaction of the State Fire Marshals Office.
	12.  (11-2864-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 12.
	13.  (11-2866-VN)  It is the understanding of the Board that deficiency 13 is not a violation of the code.
	14.  (11-2867-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 14.
	15.  (11-2815-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 15.
	16.  (11-2869-VN).  It is the understanding of the Board that deficiency 16 is not a violation of the fire code.
	17.  (11-2870-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 17 at the direction and to the satisfaction of the State Fire Marshals Office.
	18.  (11-2873-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 18 at the direction and to the satisfaction of the State Fire Marshals Office.
	19.  (11-2874-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 19 by providing the cited closet with an approved sprinkler head, installed at the direction and to the satisfaction of the State Fire Marshals Office.
	20.  (11-2895-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 20, at the direction and to the satisfaction of the State Fire Marshals Office.
	21.  (11-2898-VN).  The Board hereby grants the Applicant a dimensional variance of two (2) inches in order to allow the combustible canopy not to be provided with sprinkler protection.  In granting this relief, it is the understanding of the Board that the State Fire Marshals Office has no objection.
	22.  (11-2899-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to address the sprinkler design to ensure that it is appropriate for the current level of hazard pursuant to review by the Applicants engineers.
	23.  (11-2900-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to correct deficiency 23 at the direction and to the satisfaction of the State Fire Marshals Office.
	24.  (11-2901-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited attic ceiling height.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the State Fire Marshals Office has no objection.
	25.  (11-2903-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited height of the doorway frame with approved signage or tape or other marking approved by the State Fire Marshals Office.
	26.  (11-2812-VN).  The Board hereby grants the Applicant the time variance outlined in item 6 above in order to have the Applicants engineers review item 26 and make any necessary corrections pursuant to the above timetable.

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)].