The above-captioned case was scheduled for hearing on April 24, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Coutu, O’Connell, Richard, Pearson, Evans and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles 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.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a March 23, 2000 inspection report complied by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the April 24, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the March 23, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s 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 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 section 23-28.1-5 in order to allow the cited vitamin store to be considered a habitable space.

2. The Board hereby directs the Applicant to correct deficiency 2 by providing the cited oil fired heating unit with an approved remote shutoff switch installed at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

3. The Board hereby grants a variance from the provisions of section 23-28.17-2 (a) in order to allow the Applicant to maintain the cited egress in conjunction with the planned active fire protection systems for this facility as outlined below.

4. The Board hereby grants a variance from the provisions of section 23-28.17-2(b) in order to allow the Applicant to maintain the cited egress from the basement, second and third floor tenant spaces.

5. The Board hereby grants a variance from the provisions of section 23-28.17-3(b) in order to allow the Applicant to maintain the existing width of the vitamin store in this facility.

6(a). The Board hereby grants a variance from the provisions of section 23-28.17-4(a) in order to allow the Applicant to maintain the existing construction and fire rating of the stairway to the upper floors of this facility.  In granting this variance, 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 approved fire alarm system.  See item 17 below.

6(b). The Board hereby grants a variance from the provisions of section 23-28.17-4(a) in order to allow the Applicant to maintain the existing tenant space doors with glass panels. In granting this variance, 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 approved fire alarm system.  See item 17 below.

6(c). The Board hereby grants a variance from the provisions of section 23-28.17-4(a) in order to allow the Applicant to maintain the existing trap door stairway in its present condition.  In granting this variance, the Board notes that there's no public access to the basement and that this area shall be utilized for storage.

7. The Board hereby directs the Applicant to correct deficiencies 7(a) and(b) by providing the cited stairways with approved handrails at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

8. The Board hereby grants a variance from the provisions of section 23-28.17-4 (d) in order to allow the Applicant to maintain the existing dimensions of the cited trap door stairway.  See item 6(c) above.

9. The Board hereby grants a variance from the provisions of section 23-28.17-4(e) in or the Applicant to maintain the existing trap door stairway without a landing.  See item 6(c) above.

10. The Board hereby grants a variance from the provisions of section 23-28.17-5(a) in order to allow the Applicant to maintain the existing door swings cited in items 10(a),(b),(c),(d)and(e).

11. The Board hereby directs the Applicant to correct deficiency 11 by providing the cited doors with approved self-closing devices at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

12. The Board hereby grants a variance from the provisions of section 23-28.17-5(e) in order to allow the Applicant to maintain the cited width of the exit door.

13. The Board hereby directs the Applicant to correct deficiency 13 by providing this facility approved exit signage, where needed, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

14. The Board hereby directs the Applicant to correct deficiency 14 by providing this facility with approved emergency lighting, where needed, at the direction and to the satisfaction of the Providence Fire Marshal within 120 days of the date of this decision.

15. The Board hereby directs the Applicant to correct deficiency 15 by providing this facility with approved portable fire extinguishers installed at the direction and to the satisfaction of the Providence Fire Marshal within 15 days of the date of this decision.

16. It is the understanding of the Board that deficiency 16 is grandfathered and not being requested by the Providence Fire Marshal's office.

17. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved, municipally connected fire alarm system, installed in accordance with the provisions of section 23-28.25-4(b), at the direction and to the satisfaction of the Providence Fire Marshal, or designee, within 120 days of the date of this decision.

18. The Board hereby directs the Applicant to correct deficiency 18 by removing the cited combustibles from the basement 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 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)].