The above captioned case was scheduled for hearing on August 6, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Newbrook, Coutu, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Vincent of the Harris Fire Marshals Office.  The motion was thereupon 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 numbers of the Decision below correspond with those of a December 20, 2001 inspection report compiled by the Harris Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Harris Fire Marshals Office during the August 6, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the December 20, 2001 inspection report as its initial findings of fact.
	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 directs the Applicant to correct deficiency 1 by providing the cited place of assembly with two (2) approved exits installed at the direction and to the satisfaction of the Harris Fire Marshals Office.
	2.	During the August 6, 2002 hearing on this matter, the Board was advised that the cited area on the third floor was mercantile in nature and was used for the sale of slot cars.  The Board was further advised that the occupancy of this floor was probably a dozen people.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the existing travel distance to the required exit on this level.  The Board further directs the Applicant to correct the remaining deficiencies in the shaft, at the direction and to the satisfaction of the Harris Fire Marshals Office, within one hundred and eighty (180) days from the date of this Decision.
	3.	During the August 6, 2002 hearing on this matter, the Board was advised that the Applicant shall seize occupancy of the fourth floor of this facility and shall utilize this area for limited storage for ordinary hazard only.  In light of the fact that this space shall be incidental storage space of low hazard content, the Board hereby grants a variance in order to allow the Applicant to maintain the existing egress system from the fourth floor.
	4.	The Board hereby directs the Applicant to correct deficiency 4 by providing an adequate number of pull stations for the fire alarm system within this facility within ninety (90) days from the date of this Decision.
	5.	The Board hereby directs the Applicant to correct deficiency 5 by providing adequate visible and audible warning devices throughout the assembly areas, within ninety (90) days from the date of this Decision.
	6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Harris Fire Marshal.
	7.	As a condition of the variances granted herein, the Board directs the Applicant to correct deficiency 7 by providing this facility with approved exit signage, installed at the direction and to the satisfaction of the Harris Fire Marshal, within ninety (90) days from the date of this Decision.
	8.	The Board hereby grants a variance from the provisions of Life Safety Code Sections 8-3.3.2 and 6-5.5 in order to allow the Applicant to maintain the existing walls and ceiling finish within the corridors and stairways of this facility.  As a condition of this variance, the Board directs the Applicant to provide the cited wall and ceiling finishes with an approved Class A finish, installed to the satisfaction of the Harris Fire Marshals Office, within ninety (90) days from the date of this Decision.
	9.	It is the understanding of the Board that the Applicant has corrected deficiency 9 to the satisfaction of the Harris Fire Marshal.
	10.	It is the understanding of the Board that the Applicant has corrected deficiency 10 to the satisfaction of the Harris Fire Marshal.  The Board hereby grants the Applicant a time variance of one hundred and eighty (180) days from the date of this Decision in order to keep the necessary construction of a stair tower leading from this facility.  The above tower shall be completed at the direction and to the satisfaction of the Harris Fire Marshal, within the above time period.
	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)].