The above captioned case was scheduled for hearing on May 28, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Richard, Burlingame, and Evans were present.  The fire service was represented by Assistant Deputy State Fire marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard 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 an April 27, 2002 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal during the May 28, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April 27, 2002 report as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency 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 Sections 8-2.1 and 5-1.5 in order to allow the Applicant to maintain the existing ceiling height of the basement of this facility.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
	2.	(Listed in sequence as the second item of the new deficiency list of the April 27, 2002 plan review.)  The Board hereby directs the Applicant to correct deficiency 2 by reswinging door 151, at the direction and to the satisfaction of the Providence Fire Marshal, by the completion of the new addition of this facility.
	3.	(Listed in sequence as the third item of the new deficiency list of the April 27, 2002 plan review.)  The Board hereby directs the Applicant to correct deficiency 3 with respect to the cited grates, at the direction and to the satisfaction of the Providence Fire Marshal, by the completion of the new addition of this facility.
	4.	(Listed in sequence as the fourth item of the new deficiency list of the April 27, 2002 plan review.)  The Board hereby directs the Applicant to correct deficiency 4 with respect to the access panel and space under stairway B6, at the direction and to the satisfaction of the Providence Fire Marshal, by the completion of the new addition of this facility.
	5.	(Listed in sequence as the fifth item of the new deficiency list of the April 27, 2002 plan review.)  The Board hereby grants a variance from the provisions of Section 26-3.3.2 and 6-5.5 in order to allow the Applicant to maintain the new wainscoting in the family room of 108.  As a condition of this variance, the Board directs the Applicant to provide the cited wainscoting with an approved clear Class A finish, at the direction and to the satisfaction of the Providence Fire Marshal, prior to the completion of the new addition of this facility.
	6.	The Board hereby grants a variance from the provisions of Section 23-28.6-7 in order to allow the Applicant to maintain the existing width of the double egress doors 106, 110, 111, 114 and 115.  In granting this variance on the basis of structural hardship, it is the understanding of the Board that the Providence Fire Marshals Office has no objection to this existing condition.
	7.	The Board hereby grants a variance from the provisions of Section 23-28.6-9 as it relates to the egress door 105 from the Narthex area.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshals Office has no objection.
	8.	The Board hereby directs the Applicant to correct deficiency 8, at the direction and to the satisfaction of the Providence Fire Marshal, by the completion of the new addition of this facility.
	9.	It is the understanding of the Board that the Applicant has corrected deficiency 9, to the satisfaction of the Providence Fire Marshal.
	10.	(Listed as item 11 in the April 27, 2002 plan review report.)  The Board hereby grants a variance from the provisions of Sections 23-28.16-15 and 23-28.1-5 in order to allow the Applicant to provide the cited existing and new wainscoting in family room 108 with an approved clear Class A finish, installed at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the completion of the new addition for this facility.
	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)].