The above captioned case was originally scheduled for hearing on September 20, 2005.  At that time the matter was assigned for an on-site review by a subcommittee of the Board.  An on-site review was conducted on September 27, 2005 at 11:00 A.M.  The full Board reviewed the case and the subcommittee findings during a hearing, later that day, at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richards, Blackburn, OConnell, Newbrook, Preiss, Filippi, Evans, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Vartian of the North Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi 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 July 16, 2004 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the September 27, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 16, 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board finds deficiency 1 to be informational in nature and not a violation of the State Fire Code.
	2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the North Providence Fire Marshals office, in accordance with the provisions of section 13.8.9.6.3.1 and its referenced standards.
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the North Providence Fire Marshals office, in accordance with the provisions of section 7.10.1.2 and its referenced standards.
	4.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the North Providence Fire Marshals office, in accordance with the provisions of section 7.9.1.2 and its referenced standards.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 5 by providing this facility with approved egress illumination, installed at the direction and to the satisfaction of the North Providence Fire Marshals office, in accordance with the provisions of section 7.8.1.2.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the North Providence Fire Marshals office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by properly re-swinging the cited egress door at the direction and to the satisfaction of the North Providence Fire Marshals office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing the cited wall and ceiling with an approved finish, installed at the direction and to the satisfaction of the North Providence Fire Marshals office.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to make this correction.
	9.  The Board hereby grants a variance from the provisions of sections 37.2.2.4 and 7.2.3.3 in order to allow the Applicant to provide smoke separation between the two (2) levels of this facility by providing the cited stairs with twenty (20) minute doors in the existing jambs.  The above doors shall be further equipped with spring loaded hinges, installed at the direction and to the satisfaction of the North Providence Fire Marshals office within 120 days of the date of this decision.  Finally, the Board notes that if the Applicant wishes to maintain these doors open through magnetic hold-open devices, the magnetic hold-open devices shall be installed at the direction and to the satisfaction of the North Providence Fire Marshals office.
	10.  During the on-site review of this facility, it was determined that the lower level of this facility qualified as a level of exit discharge, and accordingly this facility would not be required to be sprinklered.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency  11 by removing the cited combustible material stored in the basement of this facility at the direction and to the satisfaction of the North Providence Fire Marshals office.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by addressing the electrical boxes and exposed wiring in the basement of this facility, at the direction and to the satisfaction of the North 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)].