The above-captioned case was scheduled for hearing on May 23, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Burlingame, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
The numbers of the Decision below correspond in sequence with the requested items for variance outlined in an April 24, 2006 letter to the Providence Fire Marshal from the Applicant.  The above letter was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the May 23, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the April 24, 2006 letter from the Applicant to the Providence Fire Marshal's office 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 sections 12.2.2.2 and 7.2.1.3.2 in order to allow the Applicant to maintain the twenty-four (24) inch landing for the non-conforming door that discharges to the exterior.  In granting this relief on the basis of structural hardship, it is the understanding of the Board that the other means of egress will be direct at grade with two (2) pairs of three foot by seven foot doors.
	2.  The Board hereby grants a variance from the provisions of sections 12.2.2.3 and 7.2.2.2.1(b) in order to allow the Applicant to maintain an existing thirty-five (35) inch wide stair within this facility.  This variance is also based on structural hardship in the absence of an objection by the Marshal's office.
	3.  The Board hereby grants a variance from the provisions of section 7.2.2.4.4.10 in order to allow the Applicant to not provide one of the cited handrails with the proper extension due to its location.  This variance is based again on structural hardship and the Board directs that the Applicant shall bring the remaining handrails into compliance at the direction and to the satisfaction of the Providence Fire Marshal's office.
	4.  The Board hereby grants a variance from the provisions of section 12.2.3.8 in order to allow the Applicant to maintain a twenty-nine (29) inch wide exit corridor at the foundation opening.  This variance is also based on structural hardship in the absence of an objection by 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)].