The above-captioned case was scheduled for hearing on October 20, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Walker, Jasparro, Dias and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Octavio Vieira of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Jasparro 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 March 15, 2007 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 20, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 15, 2007 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, 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the October 20, 2009 hearing, it was determined to the Board that the Applicant should be provided with a time variance of thirty (30) days from the date of this decision in which the Applicant is to develop plans for the correction of any outstanding deficiencies within the March 15, 2007 inspection report.  The Board further granted the Applicant an additional 120 days from the above period in which to make the above corrections within this facility, at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board granted the State Fire Marshal's office the authority to extend any of the above timelines for good faith efforts being made by the Applicant.  In light of the above, the Board directs the Applicant to remove the cited storage from the exit stairway located at the basement level of this facility.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by removing the cited storage and other obstructions outlined in deficiency 2.
	3.  The Board hereby grants a variance covering the headroom in the exit access to the fire escape in this facility based on structural hardship.
	4.  The Board hereby grants a variance to allow the Applicant to maintain the existing cited stairway dimensions on the basis of structural hardship.
	5.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited small office window within the proximity of the fire escape.  In granting this variance, it is the understanding of the Board that the State Fire Marshal's office has no objection on the basis of structural hardship.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by upgrading the handrails on the fire escape system, at the direction and to the satisfaction of the State Fire Marshal's office.
	7.  The Board hereby grants a variance in order to allow the Applicant to extend the lead to ground of the existing fire escape ladder from twelve feet (12) to eight feet (8) on the basis of security hardship.  The Applicant is hereby granted the time variance outlined in item 1 above in order to so extend the fire escape ladder.
	8-19.  The Board hereby directs the Applicant to correct deficiencies 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 and 19 at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the time frames outlined in item 1 above.
	20.  The Board hereby grants a variance in order to allow the applicant to correct deficiency 20 by providing detecto-wire (linear heat detection) within the cited spaces above the suspended ceilings of this facility.  The Applicant shall be provided the time variances outlined in item 1 above to make this correction at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, it is the understanding of the Board that the applicant has corrected the remainder of this deficiency involving the janitors closet.
	21-22.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide the cited smoke detection as outlined in items 21 and 22 of the March 15, 2007 inspection report.  Accordingly, the required smoke detection shall be installed within the above time frames at the direction and to the satisfaction of the State 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)].