The above captioned case was scheduled for hearing on June 11, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Preiss, Wahlberg, and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Edward Donahue of the Providence 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 numbers of the Decision below correspond with those of a March 22, 2002 plan review report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Providence Fire Marshal and the applicant during the June 11, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 2002 plan review 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 existing means of escape from the second and third floors of this facility and to allow the Applicant to continue to utilize the fire escape as a means of egress.  In granting this variance, it is the understanding of the Board that an optical shop occupies both the first and second floors of this facility and that the third floor of this facility is owner occupied.  Finally, as a condition of this variance, the Board directs the Applicant to provide this facility with an approved municipally connected fire alarm system, installed at the direction and to the satisfaction of the Providence Fire marshal or designee.
2.	The Board hereby grants a variance from the provisions of Section 23-28.17-4 in order to allow the Applicant to maintain the cited unenclosed vertical opening between the first and second floors of this facility.  In granting this variance, the Board directs the Applicant to provide the cited opening with an approved properly engineered system of domestically supplied sprinkler heads, installed at the direction and to the satisfaction of the Providence Fire Marshal or designee.  In granting this variance, it is the understanding and direction of the Board that the same tenant shall occupy both the first and second levels of this facility.
3.	The Board hereby grants a variance from the provisions of Section 4-1.2.1 in order to allow the Applicant to separate the stair enclosure from the storage area under its lowest level by providing an approved 5/8 sheetrock shielding along with an approved domestically supplied sprinkler head and smoke detection installed at the direction and to the satisfaction of the Providence Fire Marshal within sixty (60) days from the date of this Decision.

	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)].