The above-captioned case was scheduled for hearing on August 21, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Walker, Jasparro, Richard, Jackson, Preiss, OConnell, Blackburn and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Bruce Rice of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioner Jackson 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 July 23, 2007 inspection report compiled by the Union Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the August 21, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the July 23, 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, 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 
Building 1

	1.  The Board hereby grants a structural variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing dimensions and head room of the cited third stairway from the mezzanine leading to the lobby of this facility.  In granting this variance, it is the understanding of the Board that the Union Fire District Fire Marshal's office has no objection in light of the full sprinkler and fire alarm coverage within this facility.

Building 2
	1.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing dimensions of the cited cut stone stairs leading from the lounge/dining room area of this facility.  In granting this variance, it is the understanding of the Board that the Union Fire District Fire Marshal's office has no objection in light of the fact that the above stone stairs are between 1 and 1 short of the recommended dimension.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the cited doors with approved panic hardware.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the cited area with an approved compliant exit door equipped with panic hardware.
	4.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing landing headroom on the third floor of this facility with any additional safeguards deemed necessary by the Union Fire District Fire Marshal's office.  In granting this relief, it is the understanding of the Board that the Union Fire District Fire Marshal's office has no objection due to the fact that this area is utilized by a limited group of people who are familiar with the space and who have an alternative means of egress from the space.  Accordingly, this variance is granted on the basis of structural hardship.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the Union Fire District Fire Marshal's office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the Union Fire District Fire Marshal's office.
	7.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing dimensions of the front stairway into the kitchen area.  In granting this relief, it is the understanding of the Board that the Union Fire District Fire Marshal's office has no objection.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the Union Fire District Fire Marshal's office.
	9.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing cited dimensions and open nature of the cited second means of egress from the second floor of this facility.  In granting this variance, it is the understanding of the Board that the Union Fire District Fire Marshal's office has no objection based upon the limited use of this stairway by people who are very familiar with the building and the fact that the building is fully sprinklered and alarmed.
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)].