The above-captioned case was scheduled for hearing on June 6, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Filippi, Blackburn, Newbrook, Richard, Preiss, Burlingame, Pearson and OConnell 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 OConnell and seconded by Commissioner Blackburn 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 May 27, 2006 inspection 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 June 6, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the May 27, 2006 inspection 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 38.2.1 and 7.4.1.1 in order to allow the Applicant to remove the existing fire escapes utilized as a second means of egress and to install, in their place, new fire escapes to be allowed to be maintained for the second means of egress.  In granting this variance, the Board directs the Applicant to install the newly renovated fire escapes, at the direction and to the satisfaction of the Providence Fire Marshal in conjunction with the Providence Building Official.
	2.  The Board hereby grants a variance from the provisions of sections 38.2.1 and 7.1.3.2 in order to allow the Applicant to maintain the cited operation of the basement door opening into the stair enclosure.  In granting this variance, the Board notes that this is not a habitable space, however, it is utilized for storage and utilities, and that the facility shall be fully sprinklered.  Finally, the Board directs that the Applicant should lock down this door, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	3.  The Board hereby grants a variance from the provisions of sections 38.2.1 and 7.1.1.4.4 in order to allow the Applicant to maintain the existing cited swing of the basement door.  This variance is granted on the basis of structural hardship.
	4.  During the June 6, 2006 hearing on this matter, the Board was asked to grant the Providence Fire Marshal's office the ability to authorize the issuance of a temporary certificate of occupancy for an event to be conducted at this facility on June 22, 2006.  Accordingly, the Board hereby authorizes the Providence Fire Marshal's office to approve the issuance of a temporary certificate of occupancy for the planned June 22, 2006 event with any additional stipulations deemed necessary by 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 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)].