The above captioned case was scheduled for hearing on July 10, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Evans, Filippi, Wahlberg, O’Connell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Ed Donahue of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
		
The numbers of the Decisions below correspond with those of a March 28, 2001 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal during the July l0, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the March 28, 2001 plan review report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Section 23-28.l7-2(b) in order to allow the Applicant to maintain a single means of egress from the unoccupied basement of this facility and the unoccupied third floor.  In granting this variance, the Board hereby limits the occupancy of the basement to storage and utilities only and directs the Applicant not to occupy the third floor prior to providing a second approved means of egress or returning to the Board.

2.	 The Board hereby grants a variance from the provisions of Section 23-28.l7-2(d) in order to allow the Applicant to maintain the existing remoteness of the cited front and rear interior stairways of this facility.

3.	A-D.  The Board hereby grants a variance from the provisions of Section 23-28.l7-4(a) in order to allow the Applicant to maintain the existing cited construction, configuration, paneled wall and communication with the kitchen/break room area.  The Board hereby directs the Applicant to provide the cited wood paneled walls with an approved Class “A” finish, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.  As a condition of this variance, the Board further directs the Applicant to provide this facility with an approved fire alarm system as outlined in item #l4 below.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l7-4(d) in order to allow the Applicant to maintain the existing cited width of the stairways of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5(a) in order to allow the Applicant to maintain the existing swing of the cited doors of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection in light of the Applicant’s agreement to provide this facility with an approved fire alarm system.

6.	The Board hereby directs the Applicant to correct deficiency #6 by providing the cited approved doors with approved spring-loaded hinges or other UL listed devices, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

7.	A.  The Board hereby grants a variance from the provisions of Section 23-28.l7-5(e) in order to allow the Applicant to maintain the existing cited width of the principal egress and entrance doors.

B.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5(e) in order to allow the Applicant to maintain the existing cited width of the door leading from the first floor kitchen into the stairway lobby.

C.	The Board hereby directs the Applicant to remove the cited folding accordion style door of the first floor level rear interior stairway.

8.	The Board hereby directs the Applicant to correct deficiency #8 by providing the cited door jambs with approved solid core wood doors with an approximate fire rating of twenty (20) minutes and further providing the door with approved panic hardware.

9.	See item #3 above.

10.	The Board hereby directs the Applicant to correct deficiency #10 by providing this facility with approved exit signs, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

11.	The Board hereby directs the Applicant to correct deficiency #1l by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the Providence Fire Marshal, within one hundred and twenty (l20) days from the date of this Decision.

12.	The Board hereby directs the Applicant to correct deficiency #12 with approved portable fire extinguishers, installed at the direction and to the satisfaction of the Providence Fire Marshal, within fifteen (l5) days from the date of this Decision.

13.	  The Board hereby grants a variance from the provisions of Section 23-28.l7-l3, in order to allow the Applicant not to provide this facility with an approved sprinkler system as long as the Applicant does not occupy the basement or third floor of this facility.  

14.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal, in accordance with provisions of Section 23-28.25-4(a), within one hundred and twenty (l20) days from the date of this Decision.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]