The above-captioned case was scheduled for hearing on June 22, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Theodore Hopkins of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Wahlberg 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 11, 2004 inspection  report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the June 22, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the May 11, 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.
	
The Board further finds that this is a one story type 6 construction facility built in 1975.  The Board further finds that this facility contains approximately 7990 square feet in area.  The Board further finds that this facility is divided into four business spaces without approved rated separations.  The Board finds that the first unit is occupied by the Rickshaw Inn Restaurant, the second unit is occupied by hair salon.  The third unit is currently vacant and the fourth unit contains a Laundromat.  The Applicant has appeared before the Board requesting additional time to correct majority of the items listed in the May 11, 2004 report.  The Applicant is also requesting certain structural variances from the Board.

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 grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved fire alarm system installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
2. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to provide this facility with a fire department key access box, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
3. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to remove the cited storage from the electrical room of this facility.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by repairing the exit sign at the main entrance and by removing the light fixture in the lobby that obstruct the view of the exit sign.
	
5. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to correct deficiency #5 by repositioning the west exit sign at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
6. It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing approved battery back up power to all of the exit signs within this facility.
	
7. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to repair the emergency lighting in the main restaurant at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
8. It is the understanding of the Board that the Applicant has corrected deficiency #8 by repairing the cited exterior emergency light at the west kitchen door at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
9. It is the understanding of the Board that the Applicant has corrected deficiency #9 by providing approved testing and certification of the emergency lights in this facility at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.  The Board directs the Applicant to continue to maintain the emergency lighting and other required units within this facility.
	
10. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to provide the cited west exit door with approved panic hardware installed at the direction and to the satisfaction of the East Providence Fire Marshal.
	
11. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to remove the cited key locks from the main entrance double doors of this facility at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
12. The Board hereby grants a variance from the provisions of section 13.2.2.2 in order to allow the Applicant to maintain the existing cited width of the restroom doors of this facility.  This variance is granted on the basis of structural hardship in the absence of an objection by the East Providence Fire Marshal’s Office.
	
13 (1) and (2). The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 13(1), 13(2) and 13(5) by providing the cited areas with approved class A finish and by replacing the cited missing ceiling tiles in the kitchen of this facility.
	
It is the understanding of the Board, that the Applicant has corrected deficiencies 13(3) and 13(4) to the satisfaction of the East Providence Fire Marshal’s Office.
	
14. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to maintain an approved access aisle between the booths of this facility at the direction and to the satisfaction of the East Providence Fire Marshal.
	
15. The Board hereby grants a variance from the provisions of section 7.2.1.3 in order to allow the Applicant to maintain the cited stairs at the west exit door from the dining area without a landing.  The above variance is granted on the basis of structural hardship in the absence of an objection by the East Providence Fire Marshal’s Office.
	
16. The Board hereby grants the Applicant a time variance of 120 days from the date of the decision in order to allow the Applicant to properly clean or otherwise maintain the exhaust hood and duct within this facility at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.  The Board further directs the Applicant to properly maintain the cited hood and duct system on a regularly scheduled basis, in accordance with the code, at the direction and to the satisfaction of the East Providence Fire Marshal’s Office in the future.
	
17. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency #17.  The Board notes that the Applicant shall be required to clean the cited filters on the hood system at the direction and to the satisfaction of the East Providence Fire Marshal’s Office on a schedule approved by the East Providence Fire Marshal’s Office in the future.
	
18. The Board hereby directs the Applicant to correct deficiency #18 by properly mounting the cited portable fire extinguisher within 15 days of the date of this decision.

SHEAR IMAGE HAIR SALON
	
19. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the front entrance of this unit with an approved illuminated exit sign installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.	
	
20. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the salon with approved emergency lighting installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
21. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide the cited wood paneling on the walls with an approved class A finish at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.	
	
22. The Board hereby directs the Applicant to provide this facility with an approved mounted portable fire extinguisher near the front entrance within 15 days of the date of this decision.

VACANT STORE
	
23. The Board hereby directs the Applicant to correct deficiency #23, by providing this store with emergency lighting before re-occupancy.
	
24. The Board hereby directs the Applicant to correct deficiency #24 by providing the vacant store with approved emergency lighting, before re-occupancy.
	
25. The Board hereby directs the Applicant to correct deficiency #25 by providing the cited paneling with an approved flame spread finish installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office before re-occupancy of the vacant store.
	
26. The Board hereby directs the Applicant to correct deficiency #26 by removing the cited debris in the stairwell immediately.
	
27. It is the understanding of the Board that the Applicant has corrected deficiency #27 by providing an approved egress path to the public way.
	
28. The Board hereby directs the Applicant to correct deficiency #28 by providing the rear stairwell with approved protection from snow, before re-occupancy of the vacant store.
	
29. The Board hereby directs the Applicant to correct deficiency #29 by providing the rear stairwell with an approved handrails and guards, before re-occupancy of the vacant store.
	
30. The Board hereby directs the Applicant to correct deficiency #30 by providing the vacant store with an approved portable fire extinguisher mounted near the front door before re-occupancy of this unit.

WILLETT LAUNDROMAT
	
31. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to correct the emergency lighting in the Laundromat unit at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.	
	
32. The Board hereby grants a time variance of 120 days from the date of this decision in order to allow the Applicant to provide the cited wood paneling with an approved class A finish installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
33. It is the understanding of the Board that the Applicant has corrected the first portion of deficiency #33 by repairing the cited roof of this facility.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to allow the Applicant to provide the ceiling with an approved finish at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
34. The Board hereby grants the Applicant a time variance of 120 days in order to allow the Applicant to provide direct access to a public way from a side rear exit, at the direction and to the satisfaction of the East Providence Fire Marshal.
	
35. The Board hereby grants the Applicant a time variance of 15 days from the date of this decision in order to provide this facility with an approved portable fire extinguisher mounted near the front entrance.

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)].