The above-captioned case was originally scheduled for hearing on September 16, 2003.  The Applicant has returned to the Board requesting that the variances granted pursuant to the State Fire Code be reinstated as variances granted under the Life Safety Code.  This request was heard by the Board on March 30, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Burlingame, Coutu, O'Connell and Pearson were present.  Commissioner Newbrook recused himself from consideration of this case.  A motion was made by Commissioner Pearson and seconded by Commissioner Coutu  to allow the re-issuance of these variances under the Life Safety Code.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 030307.  The Board further finds that the Applicant wishes to reinstate the two (2) variances it originally received under the Life Safety Code, specifically, the first variance regarding maintaining the dimension of the existing interior stairs and the second pertaining to providing one layer of 5/8 sheet rock over the existing sheet rock ceiling.

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby re-issues all of the variances granted during the September 16, 2003 hearing on this matter as a variance under the 2003 Life Safety Code as amended.  Accordingly, the Applicant shall continue to be allowed to maintain the existing  dimension of the cited existing stairs within this facility and the Applicant shall further be allowed to maintain the egress system of this facility with the addition of one layer of 5/8 inch sheet rock over the existing sheet rock ceiling of the facility.  Finally, the Board shall maintain this as an open file in the event the Applicant or the North Providence Fire Marshals Office has additional questions.

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)].