The above captioned case was scheduled for hearing on September 17, 2002 at 1:00 P.M. 

 At that time, Acting Chairman Burlingame and Commissioners Coutu, Filippi, Wahlberg, 

Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy 

State Fire Marshal Daniel Isles of the Providence Fire Marshals Office.  The motion was 

thereupon made by Commissioner Coutu and seconded Commissioner Evans 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 September 9, 2002 plan review report compiled by the Providence Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the September 17, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the September 9, 2002   report as its initial findings of fact.  
	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 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of Life Safety Code Section 5-2.2.2.1(a) as these provisions relate to the headroom of the stairway leading from the basement of this facility.  In granting this variance, the Board notes that the shelf supporting the ice machine leaves the headroom clearance of approximately five feet ten inches (510).  However, the Board notes that the basement is generally unoccupied and utilized only for incidental storage and utilizes.  There is no public occupancy of that basement.  In light of the above, the Providence Fire Marshals Office had no objection to the granting of this relief.
2.	The Board hereby grants a variance from the provisions of Life Safety Code Section 6-2.2.4(b) in order to allow the Applicant to maintain the existing access to the ice machine located in the upper area of the stairway of this facility.  In granting this variance, the Board directs the Applicant to provide sprinkler heads both above and below the ice machine shelf.  The above sprinkler head coverage shall be properly engineered and deemed to be required for the continuation of this use and occupancy.
3.	The Board hereby grants a variance from the provisions of Life Safety Code Section 5-2.1.4.4 in order to allow the Applicant to maintain the existing swing of the egress system door.  In granting this variance, the Board notes that the door has been reswung in order to comply with handicapped access requirements.  The Board further notes that the door swings 180 degrees to the wall allowing for only temporary obstruction of the above passageway.
4.	The Board hereby grants a variance from the provisions of Life Safety Code Section 5-2.2.4.2 in order to allow the Applicant to maintain one (1) handrail on the basement stairway of this facility.  Again, the Board notes that the basement shall not be normally occupied and shall be utilized for only incidental storage and utilities.

	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)].