The above-captioned case was originally scheduled for hearing on July 11, 2000  at 1:30 P.M. At that time, a comprehensive plan of action was developed for the facility. The written Decision of the Board was mailed on July 27, 2000.  The Applicant thereupon requested that his file be reopened and that he be allowed a hearing on items 19, 22b and 28 of the original decision. The Applicant further requested additional relief on a new issue involving a trash chute offset below the second floor. 

The second hearing on this case was scheduled for March 13, 2001 and the Applicant was granted relief as outlined in file number 200151A. By letter dated December 10, 2001, the Applicant requested that the Board reopen the file again to consider relief from the floor level requirements of LSC 5-2.1.3. 

A hearing was thereupon scheduled for December 18, 2001 at 1:00 PM.  At that time, Chairman Farrell and Commissioners Wahlberg, Fang, Evans, Pearson, Burlingame and O’Connell were present.  A motion was made by Commissioner Wahlberg and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
This matter was previously before the Board and decisions were issued in file Nos. 200151 and 200151A.  Accordingly, the Board hereby adopts its original findings of fact as its initial findings of fact in this case.  During the December 18, 2002, hearing on this matter, the Board was advised and finds that there are two doors providing an emergency exit into the alley (Middle Street) behind the subject facility. The code requires the floor on both sides of these doors to be level.  Because of existing conditions and security hardship, the Applicant is requesting a variance to allow the emergency exit doors to swing out over a step. The Applicant has also proposed additional safeguards.

It is the understanding of the Board that all other fire code deficiencies, within this facility, have been corrected by the Applicant. 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 LSC section 5-2.1.3 in order to allow the Applicant’s exit doors, on the Middle Street side of the building, to swing out over a step. This variance is granted on the basis of security hardship and in light of the fact that these doors shall generally be used as an emergency exit. In granting this variance, the Board directs the Applicant to provide bollards to protect the doors from obstructions. The Board further directs the Applicant provide the exit passageway and the outside of the doors with lighting approved by the Providence Fire Marshal’s office. Finally, the Board directs the Applicant to provide the doors with posted notice of the step down situation.      
 
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)].