The above-captioned case was scheduled for hearing on October 6, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Pearson, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshals James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman 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 an October 30, 2006 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the October 6, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 30, 2006 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.	 It is the understanding of the Board that the Applicant has corrected deficiency 1 by providing this facility with an approved fire department key access box.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 by replacing the cited bulb in the emergency lighting unit in the west stairway of this facility.
3.	The Board hereby grants the Applicant a time variance in order to correct deficiency 3 by providing approved remotely located exits within this facility to the satisfaction of the East Providence Fire Marshals Office.  Specifically, the Applicant shall have thirty (30) days from the date of this Decision in order to develop and submit plans for the correction of deficiency 3.  The Applicant shall further be granted an additional 120 days in order to implement those plans at the direction and to the satisfaction of the East Providence Fire Marshals Office.  Finally, the East Providence Fire Marshals Office may extend the above deadlines for good faith efforts being made by the Applicant.
4.	The Board hereby directs the Applicant to correct deficiency 4, within the timetable established in item 3 above, by removing the soda machine from the exit enclosure.  During the above time period, the Applicant shall further close and lock the closet doors and also provide doors on the bathrooms of this facility with an approximate fire rating of forty-five (45) minutes, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
5.	The Board hereby directs the Applicant to correct deficiency 5 within the timetable outlined in item 3 above, by blocking off the single family dwelling from the place of assembly, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board notes that during the hearing, that the East Providence Fire Marshals Office would probably require block construction in order to effectively separate the two occupancies.
6.	It is the understanding of the Board that the Applicant either has corrected or shall correct deficiency 6 and will provide the East Providence Fire Marshals Office with the appropriate documentation of correction within the time lines outlined in item 3 above.
7.	It is the understanding of the Board that the Applicant either has corrected or shall correct deficiency 7 and will provide the East Providence Fire Marshals Office with the appropriate documentation of correction within the time lines outlined in item 3 above.

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)].