The above-captioned case was scheduled for hearing by a subcommittee of the Board on September 13, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Fournier of the Providence Fire Marshals Office and the Applicant was represented by his daughter and authorized representative.  The subcommittee recommended approval of the relief herein to the full Board.  The subcommittees recommendations were scheduled for hearing on September 19, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame, and Commissioners Richard, Blackburn, Newbrook, Preiss, Filippi and OConnell were present.  A motion to accept the subcommittees recommendations was made by Commissioner Filippi and seconded by Commissioner Burlingame.  The motion was unanimous. 
 
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a December 1, 2004 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 13, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the December 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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.2.2.2.3 and its referenced standards in order to allow the two (2) exit doors to the South Water Street side of this building to remain as is without panic hardware.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has no objection due to the very limited occupancy of this facility, the fact that the building has three (3) total exits, and the fact that re-swinging the doors could impede the pedestrian traffic on the South Water Street sidewalk.
	2.  The Board hereby grants a variance from the provisions of section s 13.2.2.2.1 and 7.2.1 along with their referenced standards in order to allow the Applicant to maintain the existing swing of the cited doors for the reasons 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 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)].