The above-captioned case was scheduled for hearing on August 24, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Filippi and Evans 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 Newbrook and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a revised February 9, 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 August 24, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the revised February 9, 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. through 6.  The Board hereby directs the Applicant to correct deficiencies 1, 2, 3, 4, 5 and 6 at the direction and to the satisfaction of the Providence Fire Marshal’s office within 120 days of the date of this decision.
	
7.  The Board hereby grants a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the three-foot building overhang of the storage and parking use.  In granting this variance, the Board directs the Applicant to separate the garage with an approved fire rated sheet rock shield installed at the direction and to the satisfaction of the Providence Fire Marshal’s office.  Once the Providence Fire Marshal’s office is satisfied, the Board shall be satisfied with the separation.  As a condition of this variance, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system, and domestic sprinkler coverage throughout the egress system.  The Board further directs the Applicant to replace all non-rated panel and/or hollow core doors within this facility with approved solid core doors and closures in the existing jambs.  The above solid core wood doors and closures shall maintain an approximate fire rating of twenty (20) minutes.  The above project shall be completed within 120 days of the date of this decision.
	
8.  The Board hereby grants a variance from the provisions of section 7.1.3.2.1 and its referenced standards in order to allow the Applicant to maintain solid core wood doors in the existing jambs with spring loaded hinges.  In granting this variance, the Board directs that the replacement solid core doors shall maintain an approximate fire rating of twenty (20) minutes and that the Applicant shall further install an approved fire alarm system and domestic sprinkler coverage in the egress system of this facility.
	
9. through 13.  The Board hereby directs the Applicant to correct deficiencies 9, 10, 11, 12 and 13 at the direction and to the satisfaction of the Providence Fire Marshal’s office within 120 days of the date of this decision.
	
14.  The Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing swing of the doors discharging from the exit stairway to the exterior of the building.  In granting this variance, the Board notes that the doors would otherwise swing out into the sidewalk to obstruct pedestrian traffic and that the Providence Fire Marshal’s office has no objection.
	
15. through 19.  The Board hereby directs the Applicant to correct deficiencies 15, 16, 17, 18 and 19 at the direction and to the satisfaction of the Providence Fire Marshal’s office within 120 days of the date of this decision.
	
20.  The Board hereby grants a variance, on the basis of structural hardship, in order to allow the Applicant not to provide the unoccupied attic stairs with a handrail.  In granting this variance on the basis of structural hardship, the Board notes that the Applicant shall maintain the attic as an unoccupied area.
	
21.  The Board hereby grants a variance from the provisions of section 7.2.2.5.3 in order to allow the Applicant to maintain the small closet in the bottom landing of the rear stairway.  In granting this variance, the Board directs the Applicant not to provide any storage in this closet and to lock it.  In granting this variance, the Board notes that the only function of this closet would be to provide utility access and that the Providence Fire Marshal’s office has no objection.
	
22. through 27.  The Board hereby directs the Applicant to correct deficiencies 22, 23, 24, 25, 26 and 27 at the direction and to the satisfaction of the Providence Fire Marshal’s office within 120 days of the date of this decision.  
	
28.  The Board hereby grants a variance from the provisions of section 24.2.2.1.1 and its referenced standards in order to allow the Applicant to maintain the existing means of egress from the third and fourth floors as modified herein.  In granting this variance, the Board directs the Applicant to provide an approved system of domestically supplied sprinkler heads within the egress system of this facility at the direction and to the satisfaction of the Providence Fire Marshal’s office within 120 days of the date of this decision.  The Board further notes that the above sprinkler system shall be properly engineered and equipped with an approved back flow preventer.
	
29.  The Board hereby grants a variance from the provisions of section 31.1.2.3 in order to allow the Applicant to provide an approximate two (2) hour separation between the occupancies of this facility, at the direction and to the satisfaction of the Providence Fire Marshal’s office.  In granting this relief, the Board notes that the Applicant shall upgrade the fire alarm system of this facility and that the Applicant shall not store vehicles in this facility but only allow general storage.  Finally, the Board shall maintain this as an open file in the event that any of the parties have a question as to compliance with the above plan. 
	
30. through 37.  The Board hereby directs the Applicant to correct deficiencies 30, 31, 32, 33, 34, 35, 36 and 37 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)].