The above-captioned case was scheduled for hearing on October 30, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Filippi, Blackburn, Jasparro, Jackson, Walker and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz Sr. of the Providence Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioners Blackburn and 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 September 26, 2007 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the October 30, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the September 26, 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 
	1-3.  The Board hereby grants the Applicant a time variance, to correct deficiencies 1, 2 and 3, at the direction and to the satisfaction of the Providence Fire Marshal's office, prior to the re-occupancy of the second and third floors of this facility.  In granting this variance, the Board notes that there is no approved means of egress from the third floor and there is no swinging stair or ladder from the second floor fire escape discharge to the ground.  The Board notes that the Applicant seeks a temporary certificate of occupancy for the first floor of this facility.  Accordingly, the Board hereby grants a variance in order to authorize the Providence Fire Marshal's office to approve the issuance of a temporary certificate of occupancy only for the first floor of this facility, conditioned upon the Applicants maintaining the second and third floor unoccupied until all of the deficiencies are corrected in these areas.  
	4.  The Board notes that the latest versions of the Fire Code have been modified to provide for approved separation which may be utilized by the Applicant in creating separation of occupancies in this facility.  Accordingly, the Board hereby directs the Applicant to either comply with a municipal fire alarm or to correct this deficiency in accordance with the latest fire codes, prior to the re-occupancy of the second and third floors of this facility.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	6.  The Board hereby grants a variance from the provisions of section 42.2.7 and 7.7.2 in order to allow the Applicant to maintain the existing egress discharge from the basement of this facility through the first floor.  In granting this variance, the Board notes that the basement shall be limited to storage only and that the Applicant maintains a code compliant door at the top and bottom of the stairs and a 5/8 fire rated sheetrock enclosure of the egress stairs.  In light of the above and the other safety features of this facility, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the Providence Fire Marshal.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the Providence Fire Marshal.
	9.  As outlined in item 1 above, the Board hereby grants the Providence Fire Marshal's office the authority to approve the issuance of a temporary certificate of occupancy for this facility limited to the first floor of this facility.

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)].