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 Kenneth Scandariato of the North Providence Fire Marshal’s Office.  A motion was made by Commissioner Evans 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 an April 2, 2004 inspection report compiled by the North Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshal’s Office during the August 24, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the April 2, 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.  The Board hereby directs the Applicant to correct deficiency #1 by providing this facility with an approved fire alarm system by July 1, 2005.
	
2.  The Board hereby grants a variance from the provisions of section 37.2.2.3.1 in order to allow the Applicant to maintain the existing ceiling height of the cellar stairs of this facility.  In granting this variance, it is the understanding of the Board that the cellar is utilized for storage only and that the low point of the stairs is approximately 73 ½ inches.  
	
3.  The Board hereby grants a variance from the provisions of section 37.2.2.3.1 and its referenced standards under section 7.2.2 in order to allow the Applicant to maintain the existing construction dimensions and configuration of the cellar stairs of this facility.  In granting this variance, again the Board notes that the cellar shall only be utilized for storage.
	
4.  The Board hereby grants a variance from the provisions of section 37.2.2.3.1 and section 7.2.2.4.4.2 in order to allow the Applicant to maintain the existing cellar stair handrails of this facility.  In granting this variance, the Board notes that the cellar shall only be utilized for storage.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing this facility with approved fire extinguishers.
	
6.  The Board hereby grants the Applicant a time variance until July 1, 2005, in order to provide this facility with approved emergency lighting as part of the fire alarm system package outlined above.  In granting this time variance, the Board notes that the business hours of this facility are primarily in daylight and that the North Providence Fire Marshal’s office has no objection to the emergency lighting package being part of the fire alarm package 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 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)].