The above-captioned case was scheduled for hearing on October 27, 2009 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Filippi, Preiss, Jasparro, Dias, Walker and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous. 

FINDINGS OF FACT
	This case was previously before the Board and a decision was rendered in file 080161.  Accordingly, the Board hereby adopts its original findings as its initial findings of fact in the current case.  Additionally, the Board finds that the Applicant is seeking a subsequent variance in order to be allowed to maintain access to the attic mechanical spaces of this facility through the use of a ships ladder from the new east exit stair.  Specifically, the Applicant is requesting relief from the provisions of RILSC 4.6.4 in order to allow the attic space to be permitted to open to the exit stair based on the installation of the one-hour fire door assembly separating the attic from the stair, the one-hour fire resistant rated construction separating the attic from the stair, the smoke detection within the exit stairway and the fire sprinkler protection throughout the building.
	It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected.  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 of his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of RILSC 7.1.3.2.1(5) and 4.6.4 in order to allow the attic space within this facility to open to the exit stair based upon the installation of a one-hour fire door and assembly separating the attic from the stair, the one-hour fire resistant rated construction separating the attic from the stair, the smoke detection within the exit stair and the sprinkler protection throughout the facility.  Accordingly, the Applicant may maintain the ships ladder into the attic space and maintain the opening as outlined above.  Finally, the Board notes that the Providence Fire Marshals Office has no objection in light of full sprinkler coverage and the other safeguards outlined 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 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)].