The above-captioned case was scheduled for hearing on May 2, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, OConnell, Burlingame, Pearson, Blackburn and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn 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 November 18, 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 May 2, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the November 18, 2006 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by repairing the cited emergency light in the basement of this facility.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing signage for the remote gas shut-off switch.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing approved illuminated exit signage throughout this facility.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by either documenting the existing wood paneling as being properly rated, or removing the existing wood paneling, or providing the existing wood paneling with an approved Class B finish at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by maintaining the smoke detectors within this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by removing the cited obstructions from the sprinkler heads of this facility.
	7.  The Board hereby grants a variance from the provisions of sections 29.2.2.7 and 7.2.6, along with their referenced standards, in order to allow the Applicant to maintain the existing cited dimensions of the cited fire escape door located on the third floor of this facility and the egress passageway leading to the north fire escape door.  As a condition of this variance, the Board directs the Applicant to move the electrical service connection, at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.
	8.  Note that there is no item 8 listed on the November 18, 2004 inspection report.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing the approved posted emergency evacuation instructions.
	10.  The Board hereby grants a variance to maintain the fire alarm pull stations at their existing height.
	11.  The Board hereby directs the Applicant to provide the second and third floor bathroom doors with approved positive latching, at the direction and to the satisfaction of the State Fire Marshal within 120 days of the date of this decision.
	12.  As outlined in item 7, the Board directs the Applicant to raise the external electrical service connections at the direction and to the satisfaction of the State Fire Marshal's office within 120 days of the date of this decision.

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)].