The above-captioned case was scheduled for hearing on March 27, 2007 at 1:00 P.M.  At that time, a subcommittee of the Board was present and heard this case.  The fire service was represented by Assistant Deputy State Fire Marshals Gregory Unsworth and John Wheeler of the North Providence Fire Marshals Office.  The subcommittee recommendation was approved by the Board on April 3, 2007 pursuant to a motion made by Commissioner Richard and seconded by Commissioner OConnell.  Accordingly, the subcommittee recommendation now has the full status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 15, 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 March 27, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the November 15, 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-3.	It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2 and 3 at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	4.	The Board hereby grants a variance from the provisions of sections 31.2.2.3.1 and 7.2.2.1.1 and their referenced standards in order to allow the Applicant to maintain the existing cited headroom from the stairs to the ceiling.  The above variance is granted on the basis of structural hardship in the absence of an objection by the North Providence Fire Marshals Office.
	5-10.	It is the understanding of the Board that the Applicant has corrected deficiencies 5, 6, 7, 8, 9 and 10 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)].