The above-captioned case was scheduled for hearing on November 26, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Sylvester, Burlingame, Blackburn, Jackson and Richard were present.  The fire service was represented by Chief Plan Review Officer Wade Palazini of the State Fire Marshals Office.  Also in attendance were Assistant Deputy State Fire Marshals Oscar Elmasian and James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioners Booth and Thornton to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based upon the testimony taken and documentation presented to the Board, the Board finds that the State Fire Marshals Office has completed a plan review for the property located at 913 Broadway in East Providence.  The Board further finds that at the time the plans were approved a security concern had been raised regarding a door between the living quarters in the administration portion of this facility.  The Board finds that the State Fire Marshals Office has concluded in researching this security concern that the living quarters (lodging and rooming occupancy) only requires access to a single means of escape, which is provided even without the security door in question.  The Board further finds that the administration portion of the building (business occupancy) requires two (2) exits because of the provisions for a single exit are not met.  Specifically, the provisions of section 38.2.4.6 would allow for a single exit if the travel distance to the outside did not exceed one hundred (100) feet.  The Board finds that the total travel distance to the outside in this case is approximately one hundred and eight (108) feet and therefore would require a variance for distance and to further lock the security door in question.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to maintain a travel distance of one hundred eight (108) feet while still benefitting from the provisions of section 38.2.4.6, which would allow a single exit from this facility.
	2.  The Board hereby grants a variance in order to allow the Applicant to lock the door between the two occupancies of this facility, provided the door would automatically unlock in the event of a fire alarm activation or power outage.  

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)].