The above-captioned case was scheduled for hearing on November 13, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Sylvester 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 November 12, 2012 plan of action prepared by Hughes Associates in response to a November 8, 2012 deficiency report compiled by the State Fire Marshals office.  The November 12, 2012 plan of action was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 13, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the November 12, 2012 plan of action as its initial findings of fact.  Any modification of the Boards 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  (12-1681-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing headroom condition within the basement of this facility based upon structural hardship.  In granting this variance, it is the understanding of the Board that there shall be no residential or public occupancy of the basement and that this section of the basement shall be separated from the remainder of the basements exit access corridor by a locked, fire-resistant rated door.  Finally, the Board notes that the Applicant shall provide this area with any approved signage or markings deemed necessary by the State Fire Marshals Office.
	2.  (121680-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain exit signage on the emergency bulkhead exit from the basement of this facility.  In granting this relief to also allow the Applicant to continue to utilize the cited bulkhead as an emergency exit, the Board notes that the bulkhead may be maintained in its present condition and status.

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)].