The above-captioned case was scheduled for hearing on July 18, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Vincent of the Hopkins Hill Fire District Fire Marshals Office.  A motion was made by Commissioner Newbrook 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 February 9, 2005 inspection report compiled by the Hopkins Hill Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Hopkins Hill Fire District Fire Marshals Office during the July 18, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the February 9, 2005 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 section 7.2.2.5.1.3 and its referenced standards in order to allow the Applicant to provide an approved solid core wood door with spring loaded hinges in the existing door jamb in order to provide separation between the exit stair serving the second floor and the first floor.  The above door shall be installed at the direction and to the satisfaction of the Hopkins Hill Fire Marshal's office.  The Board hereby gives the Applicant ninety (90) days to make the above correction.
	2.  The Board hereby grants a variance from the provisions of sections 39.3.1.2 and 7.2.1.3.6 in order to allow the Applicant to provide separation of the basement stairway from the first floor by installing a solid core door within the existing door jamb at the top of the basement stairs.  The above door shall also be equipped with spring loaded hinges and installed at the direction and to the satisfaction of the Hopkins Hill Fire Marshal's office within 120 days of the date of this decision.
	3.  The Board hereby grants a variance from the provisions of section 39.3.2 in order to allow the Applicant to maintain the existing separation of the heating equipment from the remainder of this facility.  In granting this variance, it is the understanding and direction of the Board that the basement shall not be occupied and shall only be utilized for mechanical space.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by either treating or removing the ceiling and wall materials in order to assure that all ceilings and walls are maintained with proper finishes in accordance with the code.  The Board hereby grants the Applicant a time variance of 120 days to make the above corrections, at the direction and to the satisfaction of the Hopkins Hill Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing each level of this facility with approved portable fire extinguishers to the satisfaction of the Hopkins Hill Fire Marshal's office.
	6.  The Board hereby grants a variance from the provisions of section 7.1.5.3 in order to allow the Applicant to maintain the existing cited headroom at the bottom of the basement stairway and within the basement stairway itself.  In granting this variance on the basis of structural hardship, the Board notes that the obstruction is created by an existing drain pipe and that the basement shall not be a generally occupied space but limited to mechanical use.
	7.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Hopkins Hill Fire Marshal's office or designee.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved exit signage, at the direction and to the satisfaction of the Hopkins Hill 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)].