The above-captioned case was scheduled for hearing on May 4, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Filippi and O’Connell 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 Coutu 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 March 31, 2004 inspection report compiled 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 May 4, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 31, 2004 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 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 or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  During the May 4, 2004 hearing on this matter, the Board was advised that this facility is approximately 3,860 square feet in total area.  The Board notes that its findings of fact are so amended.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to correct deficiency #1 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
2.  The Board grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to correct the cited step-down on the interior side of the door at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to either repair or remove the cited existing sprinkler system at the direction and to the satisfaction of the Providence Fire Marshal’s office in coordination with the Providence Building Official.
	
4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency #4 by providing this facility with approved exit signage at the direction and to the satisfaction of the Providence Fire Marshal.
	
5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to correct deficiency #5 by providing this facility with approved portable fire extinguishers, at the direction and to the satisfaction of the Providence Fire Marshal’s office.
	
6.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to bring the electrical services and wiring of this facility into compliance with NFPA 70 at the direction and to the satisfaction of the Providence Fire Marshal in coordination with the city electrical inspector.
	
7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved key box at the direction and to the satisfaction of the Providence Fire Marshal.
	
8.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved emergency lighting at the direction and to the satisfaction of the Providence Fire Marshal.
	
9.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the HVAC unit with an approved domestically supplied sprinkler head installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.  

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)].