The above-captioned case was scheduled for hearing on April 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Jackson, Jasparro, Walker, Filippi and Dias were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Jackson abstaining from the vote.
FINDINGS OF FACT
	Based upon the documentation submitted and the testimony taken during the April 19, 2011 hearing on this matter, the Board finds that the subject facility is twelve (12) stories in height with a basement.  The Board further finds that the first floor of this facility is an assembly occupancy (restaurant).  The Board further finds that the upper floors of this facility contain business, storage and utilities.  The Board finds that the construction classification of this facility is Type I (332).  The Board finds that the building contains a fire alarm system which will be replaced with a new code compliant system.  The Board further finds that the first floor currently contains sprinklers which will undergo some modifications.
	The Board finds that the Applicant has made initial variance requests involving stair width, the extended sprinkler coverage, common path of travel and headroom issues.  The Board finds that the Applicant has requested that the file remain open in order to address additional issues that may become apparent to the Applicant and the Providence Fire Marshals Office in the future.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.2.2.3.1 and 7.2.2 in order to allow the Applicant to maintain the forty-one inch wide remote stairwells from the first floor mezzanine of this facility.  In granting this variance, the Board notes that the Providence Fire Marshals Office has no objection.
	2.  The Board hereby grants a variance in order to allow the Applicant to sprinkler the mezzanine area of this facility utilizing side sprinklers on the wall, at the direction and to the satisfaction of the Providence Fire Marshals Office.  The Board hereby grants a variance in order to allow the Applicant not to have to sprinkler the existing safe located on the first floor level of this facility.  In granting this relief, the Board notes that the safe is made of twenty-four inch concrete in its entirety.
	3.  In light of the Applicants agreement that the basement storage area shall be utilized only for ordinary storage, limited to the owner and no other tenants, the Board hereby grants a variance from Table A7.6 in order to allow the Applicant to maintain the existing common path of travel from the basement storage area.  In light of this restriction, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
	4.  The Board hereby grants a variance from the provisions of section 7.1.5.1.1 in order to allow the Applicant to maintain the reduced cited headroom of 78 5/8 in certain areas of the basement of this facility.  In granting this relief, the Board notes that the Providence Fire Marshals Office has no objection based on structural hardship.

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)].