The above-captioned case was scheduled for hearing on July 27, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame, Coutu, Filippi and O’Connell were present.  A motion was made by Commissioner Newbrook and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.
	
Finally, the motion was also contingent upon the Providence Fire Marshal’s Office review and approval of this decision.  In the event the Providence Fire Marshal's Office had objections, either the Providence Fire Marshal or the Applicant could then request to be reheard to address these concerns.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a June 6, 2004 inspection report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, and the Applicant during the July 27, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the June 6, 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 moving the cited door at the direction and to the satisfaction of the Providence Fire Marshal's Office prior to occupancy of the basement of this facility.
	
2. It is the understanding of the Board that the Applicant has limited the occupancy of this facility in order to have it calculated at the direction and to the satisfaction of the Providence Fire Marshal’s Office.
	
3. The Board hereby grants variance from the provisions of section 7.1.5.1 in order to allow the Applicant to maintain the existing cited headroom in the basement of this facility on the basis of structural hardship.  This variance is further contingent upon the Applicant’s correcting the remainder of the deficiencies in this facility, as directed by the Board, prior to occupancy of the basement.	
	
4. The Board hereby directs the Applicant to correct deficiency #4 by removing the cited dumpster prior to occupancy of the basement of this facility.
	
5. 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 boiler room door swing, as allowed by the Building Code.
	
6. The Board hereby directs the Applicant to correct deficiency #6, with regard to the location of the discharge fan, prior to occupancy of the basement of this facility.
	
7. The Board hereby directs the Applicant to correct the egress issues outlined in item #7, at the direction and to the satisfaction of the Providence Fire Marshal's Office prior to occupancy of the basement of this facility.
	
8. The Board hereby directs the Applicant to correct deficiency #8 as it relates to the location of the up-blast fan, prior to occupancy of the basement of this facility. 
	
9. The Board hereby directs the Applicant to correct deficiency #9 by providing approved information and fire stopping between the basement and the first floor of this facility at the direction and to the satisfaction of the Providence Fire Marshal, prior to occupancy of the basement of this facility.
	
10. The Board hereby directs the Applicant to correct deficiency #10 by providing the Providence Fire Marshal with approved plans, to the satisfaction of that office, prior to occupancy of the basement of this facility.
	
11. The Board hereby directs the Applicant to correct deficiency #11 by providing the sprinkler system of this facility with an approved fire department connection, prior to occupancy of the basement of this facility.
	
12. The Board hereby directs the Applicant to correct deficiency #12 by providing the cited panic hardware and fire exit hardware on the doors as required in accordance with the occupancy of this facility, at the direction and to the satisfaction of the Providence Fire Marshal prior to occupancy of the basement 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)].