The above-captioned case was scheduled for hearing on January 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Coutu, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshals 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 10, 2002 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 January 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the December 10, 2002 inspection report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	During the January 21, 2003 hearing on this matter, the Board was advised that this facility is fully sprinklered and alarmed.  The Board was further advised that the Applicant would correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12.
	2-12.	See item 1 above.
	13.	The Board hereby grants a variance from the provisions of Life Safety Code Section 24-2.2.3.1 and 5-1.3.2.3 in order to allow the Applicant to maintain the existing six (6) inch drain line within the basement stairway of this facility.  This variance is based on structural hardship and limited use of the stairway.
	14.	The Board hereby grants a variance from the provisions of Life Safety Code Section 24-2.2.3.1 and 5-1.5 in order to allow the Applicant to maintain clear headroom in the basement stairway at six (63 ) feet three and one half inches.  Again, this variance is based on structural hardship and a limited use of the basement of this facility.
	15.	The Board hereby grants a variance from the provisions of Life Safety Code Section 24-2.2.3.1 and 5-2.2.2.1(a) in order to allow the Applicant to maintain the existing construction and riser and tread dimension of the basement stairway.  In granting this variance, the Board directs the Applicant to maintain the treads and risers in good repair or to replace them at the direction and to the satisfaction of the Providence Fire Marshals Office.  This dimensional variance is granted on the basis of structural hardship.
	16.	It is the understanding of the Board that the Applicant has corrected deficiency 16 by providing the cited basement stairway with approved handrails.
	17.	The Board hereby grants a variance from the provisions of Life Safety Code Section 24-2.4 in order to allow the Applicant to maintain the single means of egress from the cited basement.  In granting this variance, it is the understanding of the Board that there shall be only limited use of the basement and that this area shall otherwise be unoccupied and not accessible to the public.
	18.	It is the understanding of the Board that the Applicant shall correct deficiencies 18, 19, 20 and 21, to the satisfaction of the Providence Fire Marshals Office.
	19-21.	See item 18 above.
	22.	The Board hereby grants a variance from the provisions of Section 24-3.1 and 6-2.4.4(b) in order to allow the Applicant to maintain the newly constructed sheet rock assembly, which replaced the existing paneling.  This variance is granted pursuant to the Boards understanding that this facility is fully fire alarmed and sprinkled.  It is further granted pursuant to the Boards understanding that the basement shall not be occupied by the public and not be utilized in a very limited capacity.
	23-25.	It is the understanding of the Board that the Applicant shall correct deficiencies 23, 24 and 25 to the satisfaction of the Providence Fire Marshals Office.
	26.	The Board hereby grants the Applicant a time variance of one hundred and twenty (120) days from the date of this Decision in order to allow the buildings to remain occupied during the period of construction.  In granting this variance, the Board directs the Applicant to maintain the active fire alarm system and egress system in good operating condition, to the satisfaction of the Providence Fire Marshal during the period of construction.
	27-32.	It is the understanding of the Board that the Applicant shall correct deficiencies 27, 28, 29, 30, 31 and 32, to the satisfaction of the 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.
	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 n 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 Boards 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. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.
	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)].