The above-captioned case was scheduled for hearing on March 4, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Filippi, Newbrook, Coutu, Preiss, Burlingame, OConnell, Evans and Pearson were present.  The fire service was represented by Deputy State Fire Marshal David Curran of the State 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 number of the Decision below correspond with those of a June 27, 2002 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 March 4, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the June 27, 2002 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 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system installed at the direction and to satisfaction of the State Fire Marshals Office.  It is the understanding of the Board that the Applicant is already in the process of installing this system and that it should be completed within thirty (30) days from the date of this Decision.  It is the further understanding of the Board that this system shall be municipally connected via radio box.  Finally, the Board hereby leaves this file open in order to address any potential problems occurring as the result of the installation of this fire alarm system.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2, at the direction and to the satisfaction of the State Fire Marshals Office.
3.	It is the understanding of the Board that the Applicant has corrected that portion of deficiency 3 requiring repair of the rear stairs of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board hereby directs the Applicant to remove all storage closets from under the cited stairs, at the direction and to the satisfaction of the State Fire Marshals Office, within sixty (60) days from the date of this Decision.
4.	A.  The Board hereby directs the Applicant to correct deficiency 4A by sealing off the windows within the egress system by removing the hollow core closet doors within the egress system, sealing off all opening within the egress system, and providing solid core wood door at the top or the bottom of the cited stairway at the direction and to the satisfaction of the State Fire Marshals Office within sixty (60) days from the date of this Decision.
B. The Board hereby directs the Applicant to correct deficiency 4B by replacing the cited glass door in the stairway with an approved fire rated door.  The above door shall be installed at the direction and to the satisfaction of the State Fire Marshals Office within sixty (60) days from the day of this Decision.
5.	The Board hereby directs the Applicant to correct deficiency 5, at the direction to the satisfaction of the State Fire Marshal's Office, within sixty (60) days from the date of this Decision. 
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the State Fire Marshals Office.	
7.	 The Board hereby directs the Applicant to correct deficiency 7 by replacing the cited 
hollow core doors with approved solid core wood doors having an approximate fire rating of twenty (20) minutes.  The above doors shall be further equipped with spring-loaded and installed at the direction and to the satisfaction of State Fire Marshas Office within sixty (60) days from the date of this Decision.
8.	The Board hereby grants a variance from the provision of Section 23-28.17-4 in order in allow the Applicant to maintain the existing winding stairs within the cited stairway.  This variance is based on structural hardship.
9.	It is the understanding of the Board that the Applicant has corrected deficiency 9, at the direction and to the satisfaction of the State Fire Marshals Office.  Specifically, the cited doors should swing both ways at this point.
10.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved exit signage, installed at the direction and to the satisfaction of the State Fire Marshals Office as part of the fire alarm system of this facility, within thirty (30) days from the date of this Decision.
11.	As a condition of the variance granted herein, the Board hereby directs the Applicant to provide this facility with approved emergency lighting, installed at the direction and to the satisfaction of the State Fire Marshals Office within thirty (30) days from the date of this Decision.
12.	It is the understanding of the Board that the Applicant has corrected deficiency 12 	as it relates to fire extinguishers of this facility.
13.	It is the understanding of the Board that the Applicant has corrected deficiency 13 by removing the cited abandoned sprinkler piping within this facility, at the direction and to 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)].