The above-captioned case was scheduled for hearing on September 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Burlingame, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
The Board finds this facility to be a three story unprotected brick and wood framed structure with a full basement built prior to 1968.  The Board further finds that within this structure is a small restaurant and four (4) living units.  The Board further finds that the basement is used for storage and a mechanical area.  The Board further finds that the restaurant is located on the first floor of this facility.  Two (2) apartments are located on the second floor and two (2) apartments are located on the third floor of this facility.
At the time of the inspection, the Board finds that the Applicant maintained an exhaust dome located under a fire escape and an inoperable window.  The Applicant has advised the Board that he will correct all of the deficiencies outlined in the report, but wishes to maintain the current exhaust system on the basis of structural hardship.  Upon review of the system, it was noted that the Applicant could switch the fire escape stairs, platform and ladder, at the direction and to the satisfaction of the Woonsocket Fire Marshals office in order to eliminate the close proximity of the exhaust system to the fire escape system.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance in order to allow the Applicant to relocate the fire escape stairway from the current second floor platform to the existing isolated platform servicing the second floor of this facility, at the direction and to the satisfaction of the Woonsocket Fire Marshals office.  Once this is completed, the Board directs the Applicant to review the clearance question with the Woonsocket Mechanical Inspector.  In the event the mechanical inspector approves the current location of the exhaust system, the Board hereby grants a variance in order to allow the Applicant to maintain the current location of the exhaust system with the above reconfiguration of the fire escape.

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)].