The above-captioned case was scheduled for hearing on November 4, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Crowshaw of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner  Wahlberg and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a September 18, 2003 inspection report compiled by the East Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshal’s Office during the November 4, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the September 18, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s 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.  During the November 4, 2003 hearing on this matter, the Board was advised that the basement area of this facility has no approved means of egress.  Specifically, the basement is approximately four hundred (400) square feet in area and is located directly under the sales area.  Access to the basement is currently through a trap door.  The basement is used for stock storage and houses the boiler and electrical panel.  A hydraulic lift is located under the trap door and is used to raise and lower the stock.  The lift is currently not enclosed.  In order to address these deficiencies, the Applicant has proposed to enclose the lift with sheet rock and a door in compliance with fire code specifications at the direction and to the satisfaction of the East Providence Fire Marshal’s office.  The Applicant has further proposed to install a cement stair, external to the basement, passing through a cut made in the foundation.  The stairs would terminate at a bulk head at the grade level in the parking lot to the right of the building.  In light of the above, the Applicant is requesting relief from the provisions of section 23-28.17-2.  The Board hereby grants a variance from the provisions of section 23-28.17-2 in light of the above modifications to the basement egress of this facility.  As a further condition of this variance, the Board directs the Applicant to maintain proper snow removal from the bulk head and to further install bollards around the bulkhead at the direction and to the satisfaction of the East Providence Fire Marshal’s office to assure that the bulkhead will not be obstructed by vehicles.  The Board further directs the Applicant to assure that the bulkhead may not be locked from the outside.  The Board further directs the Applicant to provide approved emergency lighting in front of the bulkhead and to provide the bulkhead with either a panic device or a single action lever device for opening.  Finally, the Board directs the Applicant to provide up to four (4) domestically supplied sprinkler heads to protect the basement area at the direction and to the satisfaction of the East Providence Fire Marshal’s office in conjunction with the East Providence Water Department.  The above system of domestically supplied sprinkler heads shall be properly engineered to the satisfaction of the East Providence Fire Marshal’s office.
	
2.  The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain the newly enclosed lift and emergency bulkhead stairs as part of the egress system from the basement of this facility.
	
3.  As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this decision.  
	
4.  The Applicant is hereby granted a time variance of 120 days from the date of this decision in order to correct all of the above deficiencies and to complete the plans of action as outlined herein.

STATUS OF DECISION AND APPEAL RIGHTS
	
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 Applicant’s 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. (See:  Board Rules and Regulations, section 6-2-17).
	
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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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.  (See: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s 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)].