The above-captioned case was scheduled for hearing on March 16, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners O’Connell, Coutu, Preiss, Newbrook and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame 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 16, 2004 plans review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the March 16, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the January 16, 2004 plans review 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 Marshals or Assistant Deputy State Fire Marshals).”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby directs the Applicant to correct deficiency #1 by providing the equivalent of a two-hour rated ceiling, at the direction and to the satisfaction of the Providence Fire Marshal’s office before occupancy of the first floor of this facility.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by providing the required separation of the basement stairway and the front and rear inside stairways at the direction and to the satisfaction of the Providence Fire Marshal prior to the occupancy of the first floor.  The Board shall specifically shall allow the Applicant to affect the above separation by installing approved “C” label doors at the direction and to the satisfaction of the Providence Fire Marshal’s office prior to occupancy of the first floor of this facility.
	
3.  The Board hereby grants variances from the provisions of sections 37.2.2.3.1, 7.2.2 and 7.2.2.4.1.6, in order to allow the Applicant to maintain the existing stairs without additional handrails.  
	
4.  The Board hereby grants a variance from the provisions of section 37.2.2.3.3 and 7.2.2.2.4.3 in order to allow the Applicant to maintain the existing winding stairs within this facility along with the existing stair tread and riser dimensions.  This variance is based on structural hardship.
	
5.  The Board hereby grants a variance from the provisions of section 37.2.2.7 in order to allow the Applicant to maintain the existing swing of the cited interior and exterior egress doors.
	
6.  The Board hereby directs the Applicant to enclose the bottom of the basement stairs at the direction and to the satisfaction of the Providence Fire Marshal’s office prior to occupancy of the first floor.  The Board further directs the Applicant to provide an approved domestic sprinkler head over the boiler, installed at the direction and to the satisfaction of  the Providence Fire Marshal before occupancy of the first floor.
	
7.  The Board hereby directs the Applicant to correct deficiency #7 by providing the mercantile occupancies of this facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the Providence Fire Marshal, prior to occupancy of the first floor.

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)].