The above captioned case was scheduled for hearing on June 25, 2002 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Burlingame, Preiss, Wahlberg, Coutu and Newbrook were present.  The fire service was represented by the East Providence Fire Marshals Office.  A motion was made by Commissioner Coutu 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 February 28, 2001 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the East Providence Fire Marshal and the Applicant during the June 25, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 28, 2001 inspection report 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 is defined in Section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	As a condition of the variance granted herein, the Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office or designee, in accordance with the provisions of Section 23-28.25-4(a), within one hundred and twenty (120) days of the date of this Decision.
	2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 and that all of the fire extinguishers are currently properly mounted and in accordance with NFPA Standard 10.
	3.	As a condition of the variance granted herein, the Board hereby directs the Applicant to provide the cited boiler with an approved domestically supplied sprinkler head installed at the direction and to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days of the date of this Decision.
	4.	The Board hereby directs the Applicant to correct deficiency 4 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days of the date of this Decision.
	5.	The Board hereby directs the Applicant to correct deficiency 5 by providing the cited basement area with approved group type A externally illuminated, exit signs, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days of the date of this Decision.
	6.	The Board hereby grants a variance from the provisions of Section 23-28.17-4 in order to allow the Applicant to maintain the existing rating of the stairway between the basement and the first floor of this facility.  In granting this variance, the Board directs the Applicant to enclose the basement stairway at the bottom with an approved rated assembly, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days of the date of this Decision.
	7.	The Board directs the Applicant to correct deficiency 7 by providing the cited boiler with an approved remote shutoff switch, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days of the date of this Decision.
	8.	During the June 25, 2002 hearing on this matter, the Board was advised that the basement would be utilized for storage only and that the small office located therein would not be occupied.  Accordingly, the Board hereby grants a variance from the provisions of Section 23-28.17-2 in order to allow the Applicant to maintain only one (1) means of egress from the unoccupied basement.  In granting this variance, the Board directs the Applicant to maintain the basement as an unoccupied space utilized for storage only.
	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 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.  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.  
	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)].