The above-captioned case was scheduled for hearing by a subcommittee of the Board on February 8, 2006 at 9:00 A.M.  At that time, Acting Chairman Coutu and Commissioners Blackburn and Burlingame were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.  The subcommittee recommendations were thereupon reviewed by the full Board on February 14, 2006 and approved pursuant to a motion made by Commissioner Burlingame and seconded by Commissioner Blackburn.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a September 1, 2004 inspection  report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 8, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the September 1, 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the Applicant to either provide the State Fire Marshal's office with documentation establishing the proper interior finish of the cited wood paneling, or to treat the wood paneling at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.
	2.  The Board hereby grants a variance from the provisions of section 17.2.2.3 in order to allow the Applicant to maintain the existing height of the basement stairway in this facility.  This variance is granted on the basis of structural hardship.
	3.  The Board hereby grants a variance from the provisions of section 17.3 and its referenced standards in order to allow the Applicant to correct deficiency 3 by providing an approved replacement door, if necessary, within the existing boiler room door jamb, having a height of approximately six feet two inches (62).  The Board hereby directs the Applicant to correct this deficiency, to the best of his ability, at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.
	4.  The Board hereby grants a variance from the provisions of section 17.2 and its referenced standards in order to allow the Applicant to maintain the cited step-downs from the front interior passageway.  In granting this relief, it is the understanding of the Board that there is an approximate six-foot space between the cited steps.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by providing this facility with approved emergency lighting as part of the new fire alarm package for this facility, within 120 days of the date of this decision.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by providing this facility with an approved fire drill switch, as part of the fire alarm package for this facility, within 120 days of the date of this decision.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the cited deadbolt-style lock from the front means of egress.
	8.  The Board hereby directs the Applicant to correct deficiency 8 by providing approved smoke and carbon monoxide detection throughout this facility, as part of the fire alarm package for this facility, within 120 days of the date of this decision.
	9.  The Board hereby grants a variance from the provisions of section 17.1.2 and its referenced standards in order to allow the Applicant to maintain the existing construction and separation between the levels of this facility.  Specifically, it is the understanding of the Board that the apartment use has been abandoned and that the space has been converted to an office for the existing business. 

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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].