This case was originally heard by the Board on October 28, 2004 and a decision was subsequently rendered.  The Applicant has now returned to request a modification of that system regarding window access to the fire escape system.  The Applicants request for modification was scheduled to be heard on June 22, 2004 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Jasper of the Johnston Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings in file number 030340 as its findings of fact in this case.  In addition, the Board finds that the Applicant has developed an alternative plan of action to provide push out window access to the fire escape system of this facility.  Specifically, the Applicant wishes to provide a window that has a clear opening of at least 5.7 square feet.  The Board notes that this is the minimum  square footage requirement for an emergency means of egress.

CONCLUSIONS AND VARIANCE REQUESTS
	1. The Board hereby amends the original decision in file number 030340, section 2, in order to grant the Applicant an option of providing fire escape access by a window which maintains at least 5.7 square feet of clear opening.  The original decision is so amended.

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)].