The above-captioned case was scheduled for hearing on August 26, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Burlingame 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 April 4, 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 August 26, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 4, 2003 inspection report as its initial findings of fact.   The Board further notes that the above plan review covers only the proposed new tenant space on the first floor of this facility.  The plan review specifically covers an assembly occupancy calculated with a maximum of (106) persons.  Finally, the Board finds that there shall be no cooking within this new assembly occupancy.  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 defined in section 23-28.1-4(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 8-2.2.2.1and 5-2.1.4.2 in order to allow the Applicant to maintain a pair of historic doors located at the west exit of this facility.  In granting this variance, the Board directs the Applicant to secure these doors in the open position during all hours of occupancy of this facility.  The Board accepts the Applicant proposal of allowing a new door and vestibule to provide the proper egress flow and the required landing in this facility.  In light of the above comment it is the understanding of the Board that the Providence Fire Marshal’s Office has no objection.
	
2. The Board hereby grants a variance from the provisions of Life Safety Code section 8-2.2.3 1 and 5-2.2.3.6 in order to allow the Applicant to maintain the existing cited stair riser within this facility.  Specifically, the bottom riser of the cited staircase is only 4 inches while the remaining rises are 7 inches.  The last riser is the granite foundation wall stepping onto the city sidewalk on city property.  Accordingly, The Board hereby grants a variance on the basis of structural hardship.  As a condition of this variance, the Board directs the Applicant to maintain the newly installed handrail on the cited stairs 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 8-2.2.3.1 and 5-2.2.4.5(d)(e) in order to allow the above handrail not to be extended in an accordance to the above section but to conform with the submitted plans review by the Providence Fire Marshal’s Offices.  In granting this variance, the Board notes that extending the handrail on to the city owned sidewalk could be hazard for pedestrians walking by the building.

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)].