The above-captioned case was scheduled for hearing on January 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Coutu, Filippi, Newbrook, Richard, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gerald Bessette and Glen Quick of the East Providence.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The number of the Decision below correspond with those of a March 14, 2002 inspection report compiled by the East Providence Fire Marshals Office.  The above report and was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the January 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the    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 Sections 23-28.17-3 in order to allow the Applicant to maintain the existing construction and rating of the egress system within this facility.  The Board further grants a variance in order to allow the Applicant to provide existing egress system door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with approved clo and installed at the direction and to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.  Finally, all wooden surfaces within the egress system of this facility shall be provided with an approved Class A finish, at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
2.	The Board hereby directs the Applicant to correct deficiency 2 by properly mounting and supplying this facility with approved fire extinguishers, within fifteen (15) days from the date of this Decision.
3.	The Board hereby directs the Applicant to address deficiency 3 by providing approved domestically supplied sprinkler heads over the cited boiler within this facility.  The above sprinkler heads shall be installed at the direction and to the satisfaction of the East Providence Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision. 
4.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved municipally connected fire alarm system and Knox box, installed at the direction and to the satisfaction of the East Providence Fire Marshal within one hundred and twenty (120) days from the date of his decision.
5.	The Board hereby directs the Applicant to maintain the emergency lights and exit signs within this facility and to provide the East Providence Fire Marshals Office with annual inspection certifications.
6.	The Board hereby grants a variance from the provisions of Section 23-28.9-2 in order to allow the Applicant to maintain the existing bedroom over the cited two (2) boilers in the basement of this facility.  This variance is based on structural hardship and in light of the Applicants agreement to provide approved domestically supplied sprinkler coverage to these boilers.  Finally, with regard to the cited HVAC systems and furnaces in the attic, the Board directs the Applicant to provide the East Providence Fire Marshals Office with certification from the manufacturer for these products along with documentation indicating their safe installation in accordance with the State Mechanical Code.
7.	The Board directs the Applicant to immediately correct deficiency 7 by removing the cited non-vented propane heater in use in the photography studio.  
8.	It is the understanding of the Board that deficiency 8 is moot and not a violation of the State Fire Code.
9.	The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to maintain glass transoms throughout the second floor corridors in conjunction with the approved municipally connected fire alarm system installed within 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 condition 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 variance granted herein.  In the event of complete, timely and continued compliance with the full Decision of the Board, the above-cited variance 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 of 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 changes 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)].