The above-captioned case was scheduled for hearing on July 11, 2006 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion was made by Commissioner OConnell 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 a December 14, 2004 plan review 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 July 11, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the December 14, 2004 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.  It is the understanding of the Board that deficiency 1 is informational in nature and not a violation of the fire code.
	2.  The Board hereby directs the Applicant to correct deficiency 2 as outlined in item 6 below.
	3.  The Board hereby grants the Applicant a time variance in order to correct deficiency 3 prior to re-occupancy of the second floor of this facility.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by sanding and finishing the floor assembly at the direction and to the satisfaction of the Providence Fire Marshal's office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by removing the cited storage at the direction and to the satisfaction of the Providence Fire Marshal's office.
	6.  The Board hereby grants a variance from the provisions of section 7.2.2.2.3.3 and its referenced standards in order to allow the Applicant to repair the cited spiral stairs and to maintain an outside rail on the stairs and have a variance not to maintain an inside rail.  In granting this relief, the Board directs the Applicant to make these corrections at the direction and to the satisfaction of the Providence Fire Marshal's office prior to re-occupancy of the second floor of this facility.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing a second handrail on the outside stairway if deemed necessary by the Providence Fire Marshal's office.  If the Providence Fire Marshal's office has no objection to the elimination of the second handrail, the Board hereby grants a variance in order to allow the stairway to be serviced by a single handrail.
	8-15.  The Board hereby directs the Applicant to correct deficiencies 8, 9, 10, 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the Providence Fire Marshal's office.
	16.  The Board hereby directs the Applicant to correct deficiency 16 prior to the tenant re-occupancy of the second floor of this facility.
	17-20.  The Board hereby directs the Applicant to correct deficiencies 17, 18, 19 and 20 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 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)].