The above captioned case was scheduled for hearing on February 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Evans, Burlingame, Coutu, Pearson, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Burlingame 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 November 27, 2001 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 February 25, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the November 27, 2001 inspection 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 NPA 101 Section 26-2.4 in order to allow the Applicant to construct a new stairwell that connects the second floor to the exterior of the building.  The enclosure of the stair would have a one- (1) hour fire resistant rating.  The openings to the enclosure have one (1) hour fire resistive rated doors with self-closures.  The exit access distance for the new stairwell, the most remote section of the second floor, will be within eighty-one (81) feet.  The construction of the new stairwell, as described above, is deemed acceptable to the Board as an approved means of egress.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2, to the satisfaction of the State Fire Marshals Office.
3.	The Board hereby grants a variance from the provisions of NFPA 101 Section 26-2.1.1 & 5-1.5 in order to allow the Applicant to maintain the cited ceiling height of seven feet two (72) inches in this existing structure.  This variance is based on structural hardship.
4.	The Board hereby directs the Applicant to correct deficiency 4, to the satisfaction of the State Fire Marshal, within sixty (60) days from the date of this Decision.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 to the satisfaction of the State Fire Marshal.
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 to the satisfaction of the State Fire Marshal.
7.	The Board hereby grants a variance from the provisions of Section 23-29.2.4 and its referenced standards in order to allow the Applicant to either provide separation at the direction and to the satisfaction of the State Fire Marshal or provide an approved emergency door within the overhead door to allow for emergency egress from this area of the facility.  This variance is granted pursuant to the Boards understanding that there shall be under ten (10) people in the garage at any one time and that the facility is fully alarmed and that there shall be approved separation between the storage and sleeping areas to the satisfaction of the State Fire Marshals Office.  Finally, the Applicant is given a time variance of sixty (60) days from the date of this Decision in order to correct this deficiency.
8.	It is the understanding of the Board that the Applicant has corrected deficiency 8 to the satisfaction of the State Fire Marshal.
9.	It is the understanding of the Board that the Applicant has corrected deficiency 9 to the satisfaction of the State Fire Marshal.
10.	It is the understanding of the Board that the Applicant has corrected the first portion of deficiency 10 by eliminating the cited three (3) inch immediate step down to grade.  The Board hereby grants a variance from the second portion of deficiency 10 to allow the Applicant to maintain the immediate six (6) inch step down from the door to the outside from the first floor front section of this facility.  This variance is based on structural hardship in light of the Applicants representation that the people utilizing this area are very familiar with it and that it shall not be open to the general public.  Finally, the Board notes that the State Fire Marshals Office has no objection.
11-20.	It is the understanding of the Board that the Applicant has corrected deficiencies 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20.
21.	During the February 25, 2003 hearing on this matter, the Board was advised that the Applicant has corrected the seventy (70) foot travel distance to the nearest exit with an approved new discharge.  The Board was further advised that the Applicant has reduced the cited storage within the basement area in order to comply with Section 29-2.4.1 Exception 1.  Accordingly, the Board finds that the Applicant has corrected deficiency 21 to the satisfaction of the State Fire Marshals Office.

	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)].