The above captioned case was scheduled for hearing on August 2l, 2001 at l:30 p.m.  At that time a subcommittee of the Board reviewed the Applicant’s request.  The Subcommittee’s Recommendation was subsequently approved during an August 28, 2001 full hearing of the Board.  At that time, Chairman Farrell and Commissioners Coutu, Evans, Filippi, Wahlberg, O’Connell and Burlingame were present.   A motion was made by Commissioner Coutu and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of an April 27, 2001 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 August 2l, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 2001 plan review report as its initial findings of fact.

	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 defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.1.1 and 5-l.5 in order to allow the Applicant to maintain the existing ceiling height within the basement of this facility.  In granting this variance, it is the understanding and direction of the Board that the basement shall be utilized for storage only and shall not otherwise be occupied.

2.	The Board hereby directs the Applicant to correct deficiency #2, at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

3.	The Board hereby grants a variance from the provisions of Life Safety Code Section 26-2.2.1 in order to allow the Applicant to utilize the existing fire escape of this facility provided the fire escape is terminated in a stair leading to grade.  In granting this variance, it is the understanding of the Board that this is a fully sprinkled building.

4.	4-9.The Board hereby directs the Applicant to correct deficiencies 4,5,6,7,8 and 9, at the direction and to the satisfaction of the Providence Fire Marshal, prior to occupancy of this facility.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	The Applicant may appeal the Board’s Decision within thirty (30) days of the mailing date of this Decision, by requesting to be reheard before a quorum of the full Board.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]