The above case was scheduled for hearing on July 11, 2000 at 1:30 PM.  At that time, Chairman Farrell and Commissioners Burlingame, Wahlberg, Coutu, Evans, Fang and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel F.  Isles of the Providence Fire Marshal's Office.  A motion was made by Commissioner Richard and seconded by Commissioner Coutu 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 February 25, 2000 inspection report compiled by the Providence Fire Marshal's Office.  The above report was utilized by the Board, the Providence Fire Marshal's Office and the Applicant and during the July 11, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the above inspection report as its initial findings of fact.  Any modification of the Board's 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUEST

1. The Board hereby grants a variance from the provisions of life safety code sections 26-2.2.6 and 5-2.5.2 your to allow the Applicant to maintain the existing to 39 inch ramp constructed at the front entrance of this facility.  In granting this variance, it is the understanding of the Board that the Providence fire Marshal's office has no objection due to occupancy of this facility.

2(a) The Board hereby grants a variance from the provisions of life safety code sections 26-2.3.2 in order to allow the Applicant to maintain the thirty inch (30”) wide aisle space behind the cited counter within this facility.  In granting this variance, is the understanding of the Board that the Providence Fire Marshal's Office has no objection in light of the temporary nature of this facility and the fact that there shall only be three (3) tellers that one time within this facility.

2(b) The Board hereby grants a variance from the provisions of life safety code section 26-2.3.2 Hiller to allow the Applicant to maintain the existing 41 inch wide lobby area of this facility.  The greatest grants, it is the understanding of the Board that the Providence Fire Marshal's Office has no objection in light of the temporary nature of this facility.

3. The Board hereby grants a variance from the provisions of life safety code section 26-2.5.1 and 5-5.2.1 Hiller to allow the applicant to maintain the second posted means of egress through the Office area of this facility.  In granting this variance, it is the understanding and direction of the Board that the applicant shall remove all oxen locking devices on the office door through which egress is achieved.

4. It is the understanding of the Board that the applicant has corrected deficiency for by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal's Office.

5. The Board notes that there is no deficiency 5 listed in the February 25, 2000 plan review report.

6. Is used a the Board that the applicant has corrected deficiency 6 by providing the Providence Fire Marshal's Office with interior finish documentation as required.

7. The Board by grants a variance from the provisions of life safety code section 26-2.5.1 the applicant to maintain the cited closet within this facility.  The greatest grants, the Board directs the applicant to provide the cited closet door with the locking and a further provide the cited closet door with spring-loaded hinges, installed at the direction and to the satisfaction of the Providence Fire Marshal's Office.

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 applicant's 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.

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.  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to 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 of use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  Such changes in use or occupancy of this facility, or failure to continually comply with the Board's 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 of variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.

The applicant may appeal the Board's decision, within thirty days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in 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) }.