The above-captioned case was scheduled for hearing on October 31, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Evans, Richard, Pearson, Coutu, Burlingame and Filippi 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 Newbrook and seconded by Commissioner Wahlberg 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 August 28, 2000 inspection report complied by the East Providence Fire Marshal’s Office.  The above inspection report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the October 31, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 2000 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 REQUESTS

1. The Board hereby grants a variance from the provisions of section 23-28.7-15 in order to allow the Applicant to maintain the cited aluminum frame dividing walls with Plexiglas panels.  This variance is based on structural hardship in the absence of an objection by the East Providence Fire Marshal's office and in view of the fire safety upgrades the Applicant has proposed for this facility.

2. The Board hereby directs the Applicant to correct deficiency 2, by upgrading the fire alarm system of this facility, at the direction and to the satisfaction of East Providence Fire Marshal or designee, within 180 days of the date of this decision.

3. The Board hereby grants a variance from the provisions of section 23-28.7-6 in order to allow the Applicant to maintain the existing swing, construction and rating of the cited lounge door which exits into the vending hallway of this facility.  This variance is  granted on the basis of structural hardship.

4. The Board hereby directs the Applicant to correct deficiency 4, at the direction and to the satisfaction of the East Providence Fire Marshal, within six months of the date of this decision.

5. The Board hereby directs the Applicant to correct deficiency 5, by upgrading the cited doors, at the direction and to the satisfaction of East Providence Fire Marshal, within 180 days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.7-4 in order to allow the Applicant to maintain the cited opening from the vending area to the office and to further maintain the cited office door.		

7. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exits signage, installed at the direction and to the satisfaction of East Providence Fire Marshal, within 180 days of the date of this decision.	

8. The Board hereby directs the Applicant to correct deficiency 8, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within 180 days of the date of this decision.

9. During October 31, 2000 hearing on this matter, the Board was advised that the Applicant shall provide this facility with an approved Class-A fire alarm system.  Accordingly, the Board finds deficiency 9 to be “moot” in light of the installation of this fire alarm system.

10. As a condition of the variances granted herein, the Board directs the Applicant to correct deficiency 10 by removing the cited storage, at the direction and to the satisfaction of the East Providence Fire Marshal, within 180 days of the date of this decision.

11. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 11, at the direction and to the satisfaction of East Providence Fire Marshal, within 180 days of the date of this decision.	

12. The Board hereby grants a variance from the provisions of section 23-28.7-5 in order to allow the Applicant to maintain the existing cited laundry chute from the second floor front closet to the basement of this facility.  In granting this variance, the Board directs the Applicant to maintain the domestically-supplied sprinkler head in the closet and to further equip the closet with a heat detector and to provide the cited chute with a smoke detector.

13. As a condition of the variances granted herein, the Board directs the Applicant to provide approved detection devices in the basement of this facility, near the laundry dryers and washing machines, at the direction and to the satisfaction of the East Providence Fire Marshal or designee, within 180 days of the date of this decision.

14. As a condition of the variances granted herein, the Board hereby directs the Applicant provide the laundry area in the basement with approved fire extinguishers, installed at the direction and to the satisfaction of the East Providence Fire Marshal.

15. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 15 by providing the cited detection devices in the basement area, near the laundry, at the direction and to the satisfaction of East Providence Fire Marshal or designee, within 180 days of the date of this decision.

16. The Board hereby directs the Applicant to correct that portion of deficiency 16 which addresses acoustic ceiling tiles.  Specifically, the above ceiling tiles shall be replaced, at the direction and to the satisfaction of East Providence Fire Marshal's office, within 180 days of the date of this decision.  The Board hereby grants a variance from the provisions of section 23-28.7-7 in order to allow the Applicant to maintain the existing corridor wall construction of this facility.

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 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. (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 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 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 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 [R.I.G.L. 42-35-15(c)].