The above-captioned case was scheduled for hearing on January 7, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Richard, Filippi, Coutu, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Chief of Inspection William Howe of the State Fire Marshals Office.  A motion was made by Commissioner Wahlberg 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 January 6, 2003 compliance 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 January 7, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 6, 2003 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.	It is the understanding of the Board that the Applicant has corrected deficiency 1, at the direction and to the satisfaction of the State Fire Marshals Office.
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 a stairs at their base.  The Board hereby grants the Applicant a time variance until December 31, 2003 during which the Applicant is directed to remove the cited gas meter to the outside of this building and to further seal off south stairway storage room, at the direction and to the satisfaction of the State Fire Marshals Office.
4.	The Board hereby grants the Applicant a time variance until December 31, 2003 in which to correct deficiency 4, at the direction and to the satisfaction of the State Fire Marshals Office.
5.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the stair in the north and south stairways.  This variance is based upon structural hardship and in the absence of an objection by the State Fire Marshals Office.6
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 Marshal Office.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7, at the direction and to the satisfaction of the State Fire Marshals Office.
8.	The Board hereby directs the Applicant to correct deficiency 8 by properly maintaining the exit signage with this facility, at the direction and to the satisfaction of the State Fire Marshals Office.
9.	The Board hereby directs the Applicant to correct deficiency 9 by properly maintaining the emergency lighting within this facility, at the direction and to the satisfaction of the State Fire Marshals Office on or before December 31, 2003.
10.	It is the understanding of the Board that the Applicant has corrected deficiency 10, at the direction and to the satisfaction of the State Fire Marshals Office.
11.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved sprinkler system, installed at the direction and to the satisfaction of the State Fire Marshals Office on or before December 31, 2003.
12.	It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing documentation the last quarterly test to the State Fire Marshals Office.
13-19. The Board hereby directs the Applicant to correct deficiencies 13, 14, 15, 16, 17, 18 and 19 by removing the cited standpipe system, at the direction and to the satisfaction of the State Fire Marshals Office on or before December 31. 2003.
20.	As a condition of the variance granted herein the Board directs the Applicant to assure that the fire alarm system shall be complete throughout this facility and that each floor shall be fully sprinkled and operational prior to re-occupancy of the floor.
        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)].