The above-captioned case was scheduled for hearing on August 12, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Burlingame, Pearson, O’Connell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
This matter was previously before the Board and a Decision was issued on April 20, 2000 in case number 200016.  At that time the Applicant advised the Board that the second floor would be utilized only for storage and there were no other plans for occupancy.  However, the Applicant now wishes to occupy the second floor of this facility with a small office and with a maximum of approximately two people.  In support of its occupancy request, the Applicant has further advised the Board that the second floor could be egressed by both a stair and a fire escape.  Further, the Applicant has provided this entire facility with an approved fire alarm system.  Finally, the Applicant has agreed to provide approved domestically supplied sprinkler heads to protect the ceiling area of the basement under the stairway of this facility.  It is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.
	
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.  The Board hereby grants a variance from the provisions of section 5-1.3.3, 5-1.3.2(a) and 6-2.2.2 in order to allow the Applicant to maintain existing continuity of construction with regard to the egress system servicing the second floor of this facility.  In granting this variance, the Board directs the Applicant to provide approved domestic sprinkler head coverage to protect the ceiling of the basement under the stairway of this facility.  In light of the above and the Applicant’s agreement to maintain two means of egress from the second floor along with a full fire alarm system in this facility, the Board hereby directs the Providence Fire Marshal’s office to allow the existing storage occupancy of the second floor to be expanded to now allow the proposed small office with approximately two people.

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)].