The above-captioned case was scheduled for hearing on June 8, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Pearson, Filippi, O’Connell and Coutu 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 Coutu 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 8, 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.

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. It is the understanding of the Board that the Applicant shall correct deficiency #1 by providing this facility with an approved fire alarm system.
	
2. It is the understanding of the Board that the Applicant shall correct deficiency #2 by providing this facility with an approved key box.
	
3. The Board hereby grants a variance from the provisions of section 36.2.4 in order to allow the Applicant to maintain one approved means of egress from the basement occupancies of this facility.  In granting this variance, it is the understanding of the Board that the basements receiving the variance shall be used exclusively for mechanical space and shall not contain storage.  However, if in the future the Applicant wishes to change the occupancy of the basement the Applicant must first develop a plan of action with the East Providence Fire Marshal and then submit the plan of action for approval to the State Fire Board.
	
4. It is the understanding of the Board that the Applicant shall correct deficiency #4 by re-swinging the cited rear exit doors of this facility.
	
5. During the June 8, 2004 hearing on this matter, the Board was advised that the second rear exit of this facility is non-compliant in size and that the door opens into a small well.  The above exit service units are approximately 1,000 square feet in area.  Finally, as a condition of this variance the Board directs the Applicant to properly maintain the well areas clear of any ice or snow and other obstruction in order for proper functioning of the egress at all times.
	
6. It is the understanding of the Board that the Applicant shall correct deficiency #6 by providing approved guards to protect the wells.
	
7. The Board hereby grants a variance from the provisions of section 36.2.2. in order to allow the Applicant to maintain the existing egress pathway in the rear of the buildings.  In granting this variance on the basis of structural hardship, the Board further directs the Applicant to properly maintain this egress pathway free and clear of ice and snow at all time.

8, 9, 10 and 11. It is the understanding of the Board that the Applicant shall correct deficiencies #8, 9, 10 and 11 at the direction and to the satisfaction of the East Providence Fire Marshal.	
	
12. The Board hereby directs the Applicant to correct deficiency #12 by providing an approved one (1) hour separation between the basement stairs and first floor, at the direction and to the satisfaction of the East Providence Fire Marshal.
	
13. The Board hereby grants a variance from the provisions of section 36.2.2.3 in order to allow the Applicant to maintain the existing cited winding stairs on the basement stairway of this facility.  This variance is granted on the basis of structural hardship in light of the limited occupancy of this area.
	
14. The Board hereby directs the Applicant to correct deficiency #14 by providing the basement stairs with two (2) approved handrails at the direction and to the satisfaction of the East Providence Fire Marshal.

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)].