The above captioned case was scheduled for hearing on July 23, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Evans, Preiss, Coutu, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshals Quick and Bessette of the East Providence Fire Marshals Office.  A motion was made by Commissioner Coutu 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 the Boards previous Decision in File No. 010279 and the East Providence Fire Marshals report in File No. 1560.  The above information was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the July 23, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the above Decision and 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.	It is the understanding of the Board that the Applicant has corrected deficiency 1 by bringing all of the fire extinguishers in this facility into compliance.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 and that the doors no longer open and do have automatic closures.
3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with an approved fire alarm system.
4.	It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the corridors with two (2) layers of type X sheet rock.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing an approved fire rated sheet rock assembly as required.
6.	The Board hereby directs the Applicant to correct deficiency 6 by finishing the cited stairway with approved materials, at the direction and to the satisfaction of the East Providence Fire Marshal and the East Providence Building Official before occupancy.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by replacing the cited missing light.
8.	During the July 23, 2002 hearing on this matter, the Board was advised that the Applicant shall relocate the cited doorway to effect a proper outward swing.  However, this would necessitate a deficiency in the depth of the landing of the stairway.  Accordingly, the Applicant is proposing to provide a 23  landing where a 36 landing is required.  The Applicant has requested a variance on the basis structural hardship.  The Board hereby grants the above request of the Applicant to allow the Cited landing to be maintained at 23 .
9.	The Board further grants a variance in order to allow the ceiling of this facility to be dropped to six feet eight inches (68) in order to accommodate the ductwork shielded by a three (3) hour ceiling assembly.
10.	It is the understanding of the Board that the Applicant shall correct deficiency 10, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
11.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing remoteness of exits and distance of travel within the fully sprinklered basement of this facility.  As a condition of this and the variances granted above, the Board directs the Applicant sprinkle the entire lower level of this facility and to provide a fire shield between the basement and the first floor level.  The Board further directs the Applicant to maintain the fire alarm system of this facility to the satisfaction of the East Providence Fire Marshals Office.  Finally, the Board directs the Applicant to submit a plan of action incorporating all of the above modifications to the East Providence Building Official and to secure the approval of the Building Official prior to occupancy of this facility.  This stipulation is being requested by the East Providence Fire Marshals Office who has advised the Board that there has been no building permit drawn for the corrections that the Applicant is undertaking and that the East Providence Building Official has not approved the modifications to this building.  Finally, the Applicant is directed to complete all of the above work prior to occupancy of the lower level of 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)].