The above-captioned case was scheduled for hearing on June 28, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Filippi and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshals Bruce Rice, Robert Emmott and Brian Ballou of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Vice Chairman 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 February 20, 2004 inspection report compiled by the Union Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the June 28, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the February 20, 2004 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.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the June 28, 2005 hearing on this matter, the Board reviewed three (3) facilities owned by the Applicant.  As part of its plan of action, the Board directed the Applicant to correct the deficiencies outlined in file number 040248 within 120 days of the date of this decision.  The Board then approved an additional 120 days from the date of completion of the corrections in file number 040248.  Specifically, the deficiencies listed herein shall be corrected by the Applicant within 120 days of the correction of the deficiencies outlined in decision number 040248, or within a maximum of 240 days of the date of this decision.
	The Board hereby grants a variance from the provisions of cited table 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing dimension of the cited stairway leading from the basement area to the mercantile sales area.  In granting this variance, the Board directs the Applicant to provide this stairway with an approved non-rated smoke door, installed at the direction and to the satisfaction of the Union Fire District Fire Marshals office within the time frames outlined above.  In granting this relief, it is the understanding and direction of the Board that this stairway shall only be utilized by employees of the store and that the basement shall not be occupied by the public.
	2.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1(b) in order to allow the Applicant to maintain the existing dimensions of the second stairway leading from the basement of this facility.  The Board notes that the second stairway has limited use and is not open to the public.  Finally, the Board directs the Applicant to provide the second stairway with approved hand rails installed at the direction and to the satisfaction of the Union Fire District Fire Marshals office in accordance with the time schedule outlined in item 1 above.
	3-8.  It is the understanding of the Board that the Applicant has corrected deficiencies, 3, 4, 5, 6, 7 and 8 to the satisfaction of the Union Fire District Fire Marshals office.
	9.  The Board directs the Applicant to correct deficiency 9 by either providing the Union Fire District with certification of the cited drop ceiling or by replacing it with certified materials.  The Board further directs the Applicant to extend the approved sprinkler heads through the ceiling at the direction and to the satisfaction of the Union Fire District or remove the ceiling at the direction and to the satisfaction of the Union Fire District or to provide approved melt-away tiles in the areas of the sprinkler head at the direction and to the satisfaction of the Union Fire District.  The Board directs the Applicant to make the above corrections within the timetables outlined in item 1 above.
	10.  The Board hereby grants a variance from the provisions of sections 7.2.2.5.1 and 7.1.3.2 in order to allow the Applicant to maintain the existing open stairway from the sales area up to the second and third floors of this facility.  In granting this variance, the Board notes that this facility is fully sprinklered and will be fully alarmed.  The Board further notes that the third floor will not be used at all and the second floor maintains only a very limited occupancy.  Finally, as a condition of this variance, the Board directs the applicant to provide the upper floors, with approved emergency egress, as deemed necessary by the Union Fire District.  Specifically, when the Union Fire District is satisfied with the emergency egress, the Board shall be satisfied.  The above emergency egress shall be installed within the timetables outlined in item 1 above.  In the event the Applicant or the Union Fire District has questions relating to this item, this file shall remain open in order to allow them to return to review these directives.
	11.  As outlined in item 10 above, the Board directs the Applicant to work with the Union Fire District in developing a plan to provide emergency egress from the second and third stories of this facility.  In the event the Applicant or Marshal has additional questions, they may return to the Board for further guidance.
	12.  In light of the installation of the sprinkler system within this facility and the proposed upgraded fire alarm system, the Board hereby grants a variance in order to allow the Applicant not to provide additional separation of the mercantile, business and storage occupancies of this facility.
	13-17.  It is the understanding of the Board that the Applicant has corrected deficiencies, 13, 14, 15, 16 and 17 at the direction and to the satisfaction of the Union Fire District Fire Marshals office.
	18.  During the June 28, 2005 hearing on this matter, the Board was advised that the cited exterior catwalk is not used by anyone.  Accordingly, the Board shall allow the Board to maintain the existing catwalk accessible from only one (1) stairway.  In the event that the catwalk is proposed to be utilized in the future, the Board directs the Applicant to first bring it into compliance with this provision of the code.
	19.  The Board hereby directs the applicant to correct deficiency 19 by equipping the sprinkler system with an approved fire department connection installed at the direction and to the satisfaction of the Union Fire District Fire Marshals office within the time period outlined in item 1 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)].