The above captioned case was scheduled for hearing on October 30, 2001 at l:00 p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Coutu, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.  

FINDING OF FACT
	
The numbers of the Decision below correspond with those of an October l, l999 inspection report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the October 30, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October l, l999 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	 	A.  The Board hereby directs the Applicant to correct deficiency #lA by providing the cited access panels to the attic space with an approved double 5/8” shield, at the direction and to the satisfaction of the East Providence Fire Marshal’s Office on or before February l5, 2002.

B.	 The Board hereby grants a variance from the provisions of Section 23-28.l6-5 in order to allow the Applicant to maintain the existing l ¾ inch smoke doors as proper separation at each level of this facility. In granting this variance, the Board directs the Applicant to provide the cited doors with either approved self-closures or spring-loaded hinges, at the direction and to the satisfaction of the East Providence Fire Marshal, on or before February l5, 2002.

2.	A.  It is the understanding of the Board that a deficiency was previously granted for deficiency #2A.

B.The Board hereby grants a variance from the provisions of Section 23-28.l6-6 in order to allow the Applicant to maintain the existing cited solid core separation doors within this facility.

C. The Board hereby directs the Applicant to provide the cited separation doors with approved hardware, self-closures or spring-loaded hinges as outlined in item #l above.  The Board directs that these doors be so corrected on or before February l5, 2002.

3.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the East Providence Fire Marshal, on or before February l5, 2002.

4.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the East Providence Fire Marshal, on or before February l5, 2002.

5.	It is the understanding of the Board that the Applicant has already corrected deficiency #5 by providing this facility with approved fire extinguishers.

6.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of Section 23-28.25-4, on or before February l5, 2002.

7.	The Board hereby directs the Applicant to correct deficiency #7 by providing the boiler room with approved protection, at the direction and to the satisfaction of the East Providence Fire Marshal on or before February l5, 2002.

8.	It is the understanding of the Board that the Applicant has corrected deficiency #8, at the direction and to the satisfaction of the East Providence Fire Marshal.

9.	The Board hereby grants a variance from the provisions of Chapter 23-28.9 in order to allow the Applicant to maintain the existing swing of the cited boiler room door.

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 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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	The Applicant may appeal the Board’s 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.  [RIGL 42-35-l5(c)]