The above-captioned case was scheduled for hearing on June 28, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Burlingame and Filippi were present.  Commissioner Newbrook recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Jeffrey Johnson of the Pawtucket Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the June 28, 2005 hearing on this matter, the Board was advised and finds that this facility was built in approximately 1901 and originally utilized as a bank.  Later the facility was used for mercantile purposes.  The basement is approximately 2,030 square feet in area and in good condition.  The first floor is approximately 2,409 square feet in area and is proposed to be utilized as a mercantile occupancy of a high end antique store with the owners living on the second floor level.  The second floor consists of approximately 1,733 square feet with an extension of 344 square feet.  The second floor primarily consists of two mezzanines located around the buildings dome.  Finally, the Applicant has proposed to add a second means of egress through the rear of the building.
	The building is classified as a mercantile occupancy due to occupancy on the first floor and the limited (one unit) residential occupancy on the second floor.  There shall be no public occupancy on, or access to, the second floor residential unit.  The second level will further be provided with an emergency means of egress through a window onto a platform with an easement across a metal grate located on the adjoining roof.
	
CONCLUSIONS AND VARIANCE REQUESTS 
1.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing thirty-two (32) inch wide stairway in this facility.  This variance is based upon structural hardship.
2.  The Board hereby grants a variance in order to allow the Applicant to maintain the proposed travel distances within this facility.  In granting this variance on the basis of structural hardship, the Board notes that there shall be no public occupancy in the residential unit located on the second floor of this facility.
3.  The Board hereby leaves this file open until the project is completed and a final certificate of occupancy is issued.
	
STATUS OF DECISION AND APPEAL RIGHTS
	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)].