The above-captioned case was scheduled for hearing on May 22, 2007 at 1:00 P.M.  At that time, Acting Chairman Preiss and Commissioners Richard, Blackburn, Jasparro, Jackson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Leonard Vine of the Pawtucket Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with the items listed in a July 14, 2006 plan review report compiled by the Pawtucket Fire Marshals Office.  The numbers listed below also correspond with those of an April 26, 2007 response to the above report compiled by the Applicants architectural group.  Both the plan review report and the response were utilized by the Board, the applicant and the Pawtucket Fire Marshals Office during the May 22, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the July 14, 2006 plan review report along with the April 26, 2007 response 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	During the May 22, 2007 hearing on this matter, it was determined that a notification device would not be required in the cited area of refuge.  However, the Board hereby grants a variance in order to allow the Applicant to maintain the existing dimensions of the area of refuge in this fully sprinklered and alarmed building.
	2.	The Board hereby directs the Applicant to correct deficiency 2 by providing the laundry room with approved separation from the exit access corridor and providing the Pawtucket Fire Marshals Office with a copy of the specifications for the doors within this facility.  The Board hereby grants the Applicant relief in order to maintain the existing cited swing of the door.
	3.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of the cited elevator machine room door of this facility.  It is the understanding of the Board that the Applicant has also received relief from the State Fire Marshals Office with regard to the sprinkler head in the elevator shaft and pit.  Accordingly, the Board hereby confirms the Applicants request and grants the cited relief.
	4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the Pawtucket Fire Marshals Office with a letter indicating that there shall be no cooking of any type in the ticket booth concession stand area.
	5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing approved remoteness between the multi-purpose and classroom doors.
	6.	The Board hereby grants the Applicant a variance in order to implement its plan of action for the monumental stairs, handrail extensions and stair guards as outlined in the April 26, 2007 response to the Pawtucket Fire Marshals Office.
	7.	The Board hereby grants a variance in order to allow the Applicant to implement his plan of action and requested variance related to the cited stair railing and guards as outlined in the April 26, 2007 response to the Pawtucket Fire Marshals Office.
	8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the Pawtucket 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.  (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)].