The above-captioned case was scheduled for hearing on April 11, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Newbrook, Preiss, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner 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 March 1, 2006 plan review 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 April 11, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the March 1, 2006 plan review 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.  The Board hereby directs the Applicant to correct deficiency 1 of the March 1, 2006 plan review report, at the direction and to the satisfaction of the Providence Fire Marshal, within a timetable established by that office.
	2.  The Board hereby directs the Applicant to correct deficiency 2 of the March 1, 2006 plan review report at the direction and to the satisfaction of the Providence Fire Marshal's office, within a timetable established by that office.
	3.  During the April 11, 2006 hearing on this matter, the Board was advised that the first phase of this project would be to build a new approved stairway from the basement to the third floor of this facility utilizing the present exit on the side of the building until such time as the Applicant is directed by the Courts not to utilize this exit door.  The Board notes that the current configuration would provide for remoteness of egress.  The Board further notes that the Applicants proposed Phase II would be to address the remoteness issue in the future in the event the Court restricted use of the side exit door.  Accordingly, the Board hereby directs the Applicant to correct deficiency 3 as listed on the March 1, 2006 plan review, at the direction and to the satisfaction of the Providence Fire Marshal's office with the understanding that the parties shall immediately return to the Board in the event the Court orders the side exit door not to be utilized.
	4.  The Board hereby directs the Applicant to correct deficiency 4 of the March 1, 2006 plan review report, at the direction and to the satisfaction of the Providence Fire Marshal's office within a timetable established by that office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 of the March 1, 2006 plan review report, at the direction and to the satisfaction of the Providence Fire Marshal's office, within a timetable established by that office.
	6.  The Board hereby grants a variance from the provisions of section 13.1.6 in order to allow the Applicant to provide an additional eighty-one (81) people on the third floor of this fully sprinklered, fully alarmed facility, once the new stairway is established.  In the event the Court restricts the use of the side door providing discharge from the new stairway, the Applicant is directed to immediately cease occupancy of the third floor of this facility.
	7-10.  The Board hereby directs the Applicant to correct deficiencies 7, 8, 9, and 10 of the March 1, 2006 plan review report at the direction and to the satisfaction of the Providence Fire Marshal's office, within a timetable established by that office.  With regard to item 10, the Board notes that the Applicant shall effect the above correction by providing the new stairway from the basement to the third floor.  Again, if the Court directs that the Applicant may not utilize the exit discharge door from the new stairway, the Applicant shall immediately cease occupancy of the third floor and return to the Board with an alternative plan of action.  Finally, the Board hereby incorporates the attached copy of the March 1, 2006 plan review report, compiled by the Providence Fire Marshal's office, as an official appendix of this decision.

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)].