The above-captioned case was scheduled for hearing on January 20, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Richard 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 December 03, 2003 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the January 20, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the December 03, 2003 plan review report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. During the January 20, 2004 hearing on this matter, the Applicant sought relief from the sprinkler requirement due to the fact that the third floor of this facility shall be abandoned.  Accordingly, the Board hereby grants a variance from the provisions of section 23-28.17-13 in order to allow the Applicant not to provide this entire facility with approved sprinkler coverage in light of the fact that the Applicant shall abandon and not occupy third floor of this facility.  In the event the Applicant wishes to occupy the third floor in any manner in the future, the Applicant is first directed to provide this facility with an approved sprinkler system installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office before such expanded occupancy.
	
2. The Board hereby grants a variance from the provisions of sections 23-28.17-14 in order to allow the Applicant to provide this facility with an approved local fire alarm system in light of the fact that the third floor of this facility shall not be occupied.  This variance is further based on the fact that the Applicant has testified that this shall be hair salon and not a nail salon.  Accordingly, in the event there is any change of use or occupancy of the nail salon area of this facility or in the event the Applicant  wishes to occupy the third floor in any manner in the future, the Board directs the Applicant to first provide this facility with an approved municipally connected fire alarm system in accordance with the code at the direction and to the satisfaction of the Providence Fire Marshal’s Office.  Finally as a condition of the variances granted in deficiencies 1 and 2, the Board directs the Applicant to seal off the third floor and to maintain this totally unoccupied at the direction and to the satisfaction of the Providence Fire Marshal’s Office before occupancy of the lower level of this facility.
	
3, 4, 5 and 6. The Board hereby directs the Applicant to correct deficiencies 3, 4, 5, and 6 before occupancy.

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 Applicant’s 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 Board’s 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 Board’s 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)].