The above-captioned case was scheduled for hearing on October 17, 2000 at 1:30 P.M. At that time, Acting Chairman Burlingame and Commissioners Walburg, Newbrook, Fang, Evans, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook 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 an August 2, 2000 plan review 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  hearing on this matter.  Accordingly, the Board hereby incorporates the August 2, 2000 plan review 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 23-28.6-6(a) in order to allow the Applicant to maintain the current remoteness of the existing egress stairways within this facility.  In granting this variance, on the basis of structural hardship, the Board notes that the Providence Fire Marshal's office has no objection in light of the Applicant agreement to fully sprinkler and alarm this building.

2. The Board hereby grants a variance from the provisions of section 23-28.6-7(d) in order to allow the Applicant to maintain the existing construction and rating of the cited egress stairways and passageways within this facility.  In granting this variance on the basis of structural hardship, the Board notes that the Applicant has agreed to fully sprinkler and fire alarm this facility.

3. The Board hereby grants a variance from the provisions of section 23-28.6-8(a) in order to allow the Applicant to maintain the existing unenclosed, unrated stairways and passageways within this facility.  In granting this variance, on the basis of structural hardship, the Board notes that the cited stairways shall be fully protected by the proposed sprinkler and fire alarm systems.

4. It is the understanding of the Board that the Applicant has corrected deficiency 4, by providing the south egress doors with approved panic hardware, at the direction and to the satisfaction of the Providence Fire Marshal.

5. The Board hereby grants a variance from the provisions of section 23-28.6-9(a) in order to allow the Applicant to maintain the existing swing of the egress doors in the foyer on the Broadway street-side of this facility.  In granting this variance, is the understanding of the Board that the Applicant shall open and secure in-place the main interior doors.  It is the further understanding and direction of the Board that the Applicant shall maintain the main exterior doors open during all major functions, at the direction and to the satisfaction of the Providence Fire Marshal's office.

6. The Board directs the Applicant to correct deficiency 6, by providing this facility with approved handrails, at the direction to the satisfaction of the Providence Fire Marshal, before occupancy.

7. The Board hereby grants a variance from the provisions of section 23-28.6-10(b) in order to allow the Applicant to maintain the existing stairways without landings.  In granting this variance on the basis of structural hardship, the Board notes that the Providence Fire Marshal's office has no objection.

8. The Board hereby grants a variance from the provisions of section 23-28.6-10(c) in order to allow the Applicant to maintain the existing winding stairs within this facility.  This variance is also granted on the basis of structural hardship.

9. It is the understanding of the Board that the Applicant has corrected deficiency 9 at the direction to the satisfaction of the Providence Fire Marshal's office.

10. It is the understanding of the Board that the Applicant has corrected deficiency 10, by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Providence Fire Marshal's office.

11. It is the understanding of the Board that the Applicant has corrected deficiency 11, by providing the cited cooking operations of this facility with approved extinguishing systems in accordance with the provisions of NFPA Standard 96, 1987 edition.

12. As a condition of the variances granted herein, it is the understanding and direction of the Board that the Applicant shall provide this facility with an approved NFPA standard 13 sprinkler system. It is the further understanding and direction of the Board that the Applicant shall further provide this facility with an approved local fire alarm system installed in accordance with the provisions of section 23-28.25-4(a). The Board directs the above systems shall be deemed required systems for purposes of maintenance and shall be installed before occupancy 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)].