The above captioned case was scheduled for hearing on July 2, 2002 at 1:00 P.M.  At that time, Acting Chairman Richard and Commissioners Coutu, Preiss, Burlingame, Wahlberg, and Newbrook were present.  The fire service was represented by Deputy State Fire Marshal David Curran of the State Fire Marshals Office.  A motion was made by Commissioner Wahlberg 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 June 13, 2002 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 2, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the June 13, 2002 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.	The Board hereby grants a variance from the provisions of Section 23-28.17-2 in order to allow the Applicant to maintain the egress system of this facility as modified herein and below.  In granting this variance, the Board directs the Applicant to occupy only the first and second floors of this facility.  The Board directs that the occupancy of the third level of this facility shall be limited to record storage and that the door to the third level of this facility be locked.  Finally, the Board directs that the stairway leading to the third floor of this facility shall be provided with an approved guardrail.  With regard to the second floor of this facility, the Board directs that the Applicant provide an approved metal grate with handrails across the combustible roof to the stairs leading to grade.  With regard to the main stairs of this facility, the Board directs the Applicant to provide an approved smoke door and assembly at the bottom of the main stairs.  The above doors shall be further equipped with spring-loaded hinges, and installed at the direction and to the satisfaction of the State Fire Marshal.  Finally, with regard to the basement of this facility, the Board directs the Applicant to provide the basement with approved emergency lighting, installed at the direction and to the satisfaction of the State Fire Marshal.  The above correction shall be made within ninety (90) days of the date of this Decision.
	2.  A&B The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to maintain the existing dimension of the cited egress passageways within this facility.
	3.	The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to maintain the existing headroom, which is limited by the cited obstructions.  In granting this variance, the Board directs the Applicant to provide an approved foam or other insulation around the cited pipe in deficiency 3b in order to provide an approved smoke barrier at this location.
	4. A.	The Board hereby grants a variance from the provisions of Section 23-28.17-3 and 23-28.17-5 in order to allow the Applicant to maintain the existing rating and wall construction of the egress passageways on the first, second and third floors of this facility.
	   B.	The Board hereby grants a variance from the provisions of Section 23-28.17-3 and 23-28.17-5 in order to allow the Applicant to seal off the cited window with an approved 5/8 sheet rock assembly installed at the direction and to the satisfaction of the State Fire Marshals Office.  The above correction shall be made within ninety (90) days of the date of this Decision.
	   C.	The Board directs the Applicant to correct deficiency 4C by providing an approved solid core wood door maintaining an approximate fire rating of twenty (20) minutes in the existing door jamb separating the basement and the first floors of this facility.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days of the date of this Decision.
	   D.	The Board hereby grants a variance from the provisions of Sections 23-28.17-3 and 5 in order to allow the Applicant to maintain the existing door separating the second and third floor of this facility and to further seal off and/or lock this door, at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days of the date of this Decision.
	   E.	The Board directs the Applicant to correct deficiency 4E by providing an approved smoke enclosure separating the first and second floors of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
	5. A.	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 construction and configuration of the stairway leading from the basement to the first floor of this facility.  This variance is granted on the basis of structural hardship pursuant to the Applicants representation that there shall be no occupancy in the basement of this facility.
	   B.	The Board directs the Applicant to correct deficiency 5B by providing an approved smoke enclosure at the first floor level on the stairway that leads from the first to the second floors of this facility.  The above smoke enclosure shall be installed, at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days from the date of this Decision.
	   C.	The Board directs the Applicant to correct deficiency 5C by sealing off the cited window, at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days from the date of this Decision.
	   D.	The Board hereby grants a variance from the provisions of Sections 23-28.17-4 in order to allow the Applicant to maintain the existing pipe chase from the basement of this facility.  In granting this variance, it is the understanding of the Board that there shall be no occupancy in the basement.
	   E.	The Board hereby grants a variance from the provisions of Sections 23-28.17-4 in order to allow the Applicant to maintain the stairway leading from the second to the third floor of this facility.  In granting this variance, the Board directs that there shall be a handrail installed at the top of the stairway, at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days from the date of this Decision.  The Board further notes that the third floor of this facility shall only be utilized for storage.
	   F.	The Board hereby directs the Applicant to correct deficiency 5F, by sealing the penetrations at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days from the date of this Decision.
	   G.	The Board hereby directs the Applicant to correct deficiency 5G, by sealing of the cited pipe chase at the bottom at the top of the stairway on the first and second floors or to repair the cited closet as best as possible, at the direction and to the satisfaction of the State Fire Marshals Office in order to maintain this closet.  In any event, the Applicant shall correct this deficiency as outlined above within ninety (90) days from the date of this Decision.
	6. A-G.  The Board hereby grants a variance from the provisions of Section 23-28.17-5 in order to allow the Applicant to maintain the existing dimension of the cited doors of the egress system of this facility.  This variance is granted on the basis of structural hardship and in light of the Boards directive that the basement and third floors of this facility shall not be utilized for regular occupancy.
	7.	The Board hereby directs the Applicant to correct deficiency 7, by providing this facility with approved fire stopping, at the direction and to the satisfaction of the State Fire Marshals Office, within ninety (90) days from the date of this Decision.
	8.	It is the understanding of the Board that the Applicant has corrected deficiency 8, by providing the cited exit signs and directional exit signs within this facility to the satisfaction of the State Fire Marshal.
	9.	It is the understanding of the Board that the Applicant has corrected deficiency 9, by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of the State Fire Marshal.
	10.	It is the understanding of the Board that the Applicant has corrected deficiency 10, by providing this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the State Fire Marshal.
	11.	It is the understanding of the Board that the Applicant has corrected deficiency 11, by providing this facility with an approved supervised fire alarm system, at the direction and to the satisfaction of the State Fire Marshal.
	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)].