The above-captioned cases were scheduled for hearing on June 4, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Pearson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Acting Fire Chief Oscar Elmasian of the East Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Vice Chairperson Filippi 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 an April 19, 2013 engineering report compiled by Hughes Associates Inc.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the June 4, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the April 19, 2013 engineering 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the June 4, 2013 hearing on this matter, the Board was advised that the Applicant was requesting a variance in order to allow the means of egress windows within this facility to remain as is based upon their code analysis.  The East Providence Fire Marshal appeared and advised the Board that he had no objection to this relief in light of the recent fire alarm upgrade of this facility and the full compliance with the other requirements of the code.  The Board was further advised that the opening of the windows was approximately 3.8 square feet and that there had been an exception of the code allowing for 3.3 square feet of window opening for existing windows in frames of wood construction.  The Board was further advised that upon replacement of the existing windows, the Applicant would, in the future, utilize compliant windows.  Accordingly, the Board hereby grants a variance from the provisions of sections 31.2.1.2 and 24.2.2.1.1 along with their referenced standards, in order to allow the Applicant to maintain the existing dimensions of all of the windows for rescue throughout the eight (8) buildings noted above.  In granting this relief, the Board directs the Applicant, upon future replacement of these windows, to utilize windows that are in full compliance with the code.  In light of the above, it is the understanding of the Board that the East Providence Fire Marshals Office has no objection.

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)].