The above-captioned case was scheduled for hearing on February 7, 2006 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn, Preiss, Burlingame, Pearson, Filippi, OConnell and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Norman Mainville of the Harrisville Fire Marshals Office.  A motion was made by Commissioner Pearson 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 a January 12, 2006 inspection report compiled by the Harrisville Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Harrisville Fire Marshals Office during the February 7, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the January 12, 2006 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the February 7, 2006 hearing on this matter, the Board was advised that this is an historic building which is to be converted to business and apartments.  The Board was further advised that the Applicant wishes to maintain the existing wainscoting within the egress system of this facility by protecting the wall from the apartment side.  During the hearing, there was also a question as to the construction and rating of the ceiling of the egress system.  The Board hereby grants a variance from the provisions of section 30.3.6.1.1 and its referenced standards in order to allow the Applicant to maintain the existing interior egress stairwell located in sides A and B provided that the Applicant protects the wainscoting from the apartment side of this facility and addresses the ceiling by either providing a layer of sheetrock on the ceiling or domestic sprinkler coverage in the stairway, at the direction and to the satisfaction of the Harrisville Fire Marshals office.  Finally, the Board directs that the Applicant shall provide the wainscoting within the hallway with an approved Class A finish, installed at the direction and to the satisfaction of the Harrisville Fire Marshal's office.  The above plan of action shall be completed prior to 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 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)].