The above-captioned case was scheduled for hearing on February 3, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Evans, Filippi, Burlingame, Pearson, Coutu and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner 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 a January 29, 2004 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the February 3, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the January 29, 2004 plan review 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 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 a variance from the provisions of section 7.2.9.3 in order to allow the Applicant to maintain the existing lead to ground of the cited existing fire escape from this facility.  This variance is based on both structural and security hardship.  Accordingly, the Providence Fire Marshals office has no objection.  Finally, it is the understanding of the Board that the Applicant has provided this facility with an approved local fire alarm system, at the direction and to the satisfaction of the Providence Fire Marshals office.
	2.  The Board hereby grants a variance from the provisions of section 7.2.8.2 in order to allow the Applicant to maintain the existing unprotected openings on the second floor within proximity of the existing fire escape.  Again, this variance is based on structural hardship in the absence of any objection by the Providence Fire Marshals office.
	3.  The Board hereby grants a variance from the provisions of section 23-28.17-14(b) in order to allow the Applicant to provide this facility with a local fire alarm system, emergency lights and exit signs, installed at the direction and to the satisfaction of  the Providence Fire Marshals office before occupancy of the apartment units of this facility.  The above system is based on the fact that the second and third floors of this facility shall be utilized as apartments.
	4.  The Board hereby grants a variance from the provisions of section 23-28.17-13 in order to allow the Applicant to provide this facility with an approved modified domestically supplied, fully engineered system of sprinkler heads, covering the hazardous areas in the egress system of this facility.  The above domestically supplied system of sprinkler heads shall be properly engineered and installed at the direction and to the satisfaction of the Providence Fire Marshals office before occupancy of the apartments within this facility.  
	5.  During the February 3, 2004 hearing on this matter, the Board was advised by the Providence Fire Marshals office that the Applicant had attempted to maintain an approved separation between the occupancies of this facility.  The Applicant has provided double 5/8 sheetrock on the ceiling of the first floor liquor store.  Accordingly, the Board hereby grants a variance from the provisions of section 6.1.14.4.1 in order to allow the Applicant to maintain the existing separation of occupancies which has been deemed satisfactory by the Providence Fire Marshals 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)].