The above-captioned case was scheduled for hearing on June 16, 2009 at 1:00 P.M.  At that time Acting Chairman Newbrook and Commissioners Richard, Preiss, Blackburn, Jackson, Pearson, Dias and Filippi were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard 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 8, 2006 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the June 16, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the November 8, 2006 inspection report 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited head room of the basement stairways in the two-story section of this building where they enter the basement level.  This variance is based upon structural hardship and limited use of this area.  The Board further grants a variance in order to allow the stairway serving as the sole egress from the second floor of the business occupancy to maintain its existing rating with a Class A finish installed at the direction and to the satisfaction of the East Providence Fire Marshal's office.  Further, the Board directs the Applicant to provide fire rated separation to the satisfaction of the East Providence Fire Marshal's office on the one wall projecting into the auto body shop that is faced with wood planking.  The above relief is granted pursuant to the fact that this facility is sprinklered.
	Finally, the Board grants the Applicant a time variance of thirty (30) days from the date of this decision in which to present plans to the East Providence Fire Marshal's office for the enclosure and rating of the two (2) basement stairways cited in the November 8, 2006 report.  The Board further grants the Applicant an additional 120 days in which to implement those plans.
	3-4.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to present plans for the correction of deficiencies 3 and 4 at the direction and to the satisfaction of the East Providence Fire Marshal's office.  The Board further grants the Applicant a time variance of an additional 120 days in which to implement these plans at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5.
	6.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited wood plank partitions and ceilings along with the paneling in the office areas in conjunction with the sprinkler coverage within this facility.
	7-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 7 and 8 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	9.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop plans for the correction of the remaining deficiencies as outlined in item 9 at the direction and to the satisfaction of the East Providence Fire Marshal's office.  The Board hereby grants the Applicant an additional 120 days in which to implement this plan of action.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the East Providence Fire Marshal's office.

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)].