This matter was previously before the Board and a decision was rendered in file number 010154 on February 13, 2002.  The Applicant has now returned to the Board in order to request reconsideration of item 9(a) of the decision.  The Applicant’s request for reconsideration was set down for hearing on November 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Evans, O’Connell, Filippi, Coutu, Pearson and Burlingame 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 Coutu and seconded by Commissioner Filippi 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 rendered in file number 010154 on February 13, 2002.  The Applicant has subsequently reappeared before the Board requesting a modification of item 9(a) of that decision.  Item 9(a) originally allowed the Applicant to maintain the existing egress system doors, with the exception of the basement doors, in this facility.  However, as a condition of maintaining these doors, the Board directed the Applicant to provide sprinkler coverage within the stairways protecting each of the cited doors, at the direction and to the satisfaction of the Providence Fire Marshal.  The Applicant is now requesting to not provide the above sprinkler coverage, but rather to change the above doors to solid core doors maintaining an approximate fire rating of twenty (20) minutes.

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby modifies item 9(a) of its original decision in this matter in order to allow the Applicant to provide the existing egress door jambs of this facility with approved solid core wood doors maintaining an approximate fire rating of twenty (20) minutes.  In granting this variance, the Board directs the Applicant to provide the above doors with approved spring loaded hinges installed at the direction and to the satisfaction of  the Providence Fire Marshal’s office within sixty (60) days of the date of this decision.  The Board specifically prohibits any pass through voids in the doors for cats, dogs or other reasons.  Finally, as a condition of this variance and relief, the Board directs the Providence Fire Marshal to confirm that the remaining items of the decision are done within two (2) weeks.

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)].

This decision was mailed on 1-28-04.