The above-captioned case was scheduled for hearing on May 9, 2006 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Filippi, Blackburn, Richard, Preiss, Burlingame, Pearson and OConnell were present.  Commissioner Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the May 9, 2006 hearing on this matter, the Board was advised and finds that the above captioned property is a mixed occupancy building of commercial and residential use that combines an existing two and one half (2) story Type (V) B construction residential home with a single story Type (III) B commercial structure.  The Board further finds that the commercial structure has a large basement area that creates a dead-end corridor and common path of travel issues.  The Board further finds that the original plans were submitted for the residential work in the structure only with some fire alarm and sprinkler work.  Finally, the Board finds that the Applicant is requesting a variance for egress being shared by the residential and commercial spaces and the ceiling height in the existing residential portion of the building including areas in the stairs and the kitchens.  It is the understanding of the Board that the Pawtucket Fire Marshal's office has no objection to the requested relief on the basis of structural hardship in that this facility shall be fully sprinklered and alarmed.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to exit from the live/work area into and through the commercial area and to provide shared egress between the occupancies of this facility.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing ceiling height of eighty-three (83) inches in the residential portion of the building.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing stair clearances also within this facility.
	4.  The above variances are limited to the current owner-occupied facility.  In the event that the situation changes, the Applicant is directed to return to the Board for the review of the new configuration of space.  Finally, the Board shall leave this file open in the event there are any additional items that need to be addressed by either the Applicant or the Pawtucket 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 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)].