The above case was scheduled for hearing on July 11, 2000 at 1:30 PM.  At that time, Chairman Farrell and Commissioners Burlingame, Wahlberg, Coutu, Evans, Fang and Richard were present.  The fire service was represented by an Assistant Deputy State Fire Marshal Lt. Charles E. Lawrence of the Providence Fire Marshal's Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Wahlberg 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 an April 28, 2000 inspection report compiled by the Providence Fire Marshal's Office.  The above report was utilized by the Board, the Providence Fire Marshal's Office and the Applicant and during the hearing on this matter.  Accordingly, the Board hereby incorporates the April 28, 2000 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 REQUEST

1. The Board hereby grants a variance from the provisions of section 23-28.8-4 in order to allow the applicant to utilize a fire escape from the second floor of this facility.  In granting this variance, the Board directs the applicant to have the fire escape system structurally inspected, certified and maintained at the direction and to the satisfaction of the Providence Marshal's Office.  Specifically, the above fire escape system shall be deemed a required system for purposes of regular maintenance.  

2. The Board of a directs the applicant to correct deficiency 2 by providing the cited boiler room with approved one-hour fire resistance rating at the direction and to the satisfaction of the Providence Fire Marshal's Office within thirty days of the date of this decision.

3. The Board of a directs the applicant to correct deficiency 4 by providing the cited boiler room with approved B labeled door installed at the direction and to the satisfaction of the Providence Fire Marshal's Office within thirty days of the date of this decision.

4. The Board hereby directs the applicant to correct deficiency 4 by providing the cited boiler room with approved air event installed at the direction and to the satisfaction of the Providence Fire Marshal's Office within thirty days of the date of this decision.

5. The Board hereby directs the applicant to correct deficiency 5 by providing the cited boiler room with approved mounted fire extinguisher installed at the direction and to the satisfaction of the Providence Fire Marshal's Office within thirty days of the date of this decision.

6. The Board hereby grants a variance from the provisions of section 23-28.17-2(b) in order to allow the applicant to maintain the existing egress from this facility as modified herein.

7. During the July 11, 2000 hearing on this matter, the Board was advised that the applicant has corrected deficiency 7 by providing the cited staircases with approved handrails on both sides at the direction and to the satisfaction of the Providence Fire Marshal's Office.

8. The Board hereby directs the applicant to correct deficiency 8 by providing the basement ceiling with approved Fire stopping installed at the direction and to the satisfaction of the Providence Fire Marshal's Office within thirty days of the date of this decision.

9. The Board hereby directs the applicant to correct deficiency 9 by providing the basement of this facility with approved exit signs installed at the direction and to the satisfaction of the Providence Fire Marshal within thirty days of the date of this decision.

10. The hereby directs the applicant to correct deficiency 10 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Providence Fire Marshal's Office within thirty days of the date of this decision.

11. During the July 11, 2000 hearing on this matter, the Board was advised that the applicant had 7 zone fire alarm system within this facility and that the system is upgraded at the direction and to the satisfaction of the Telecommunications Department of the City of Providence.  Accordingly, the hereby grants a variance from the provisions of section 23-28.17-14 and its referenced standards in order to allow the applicant to maintain the existing fire alarm system within this facility.
	
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.
	
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 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 of 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 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 of 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 Board's decision, within thirty days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in 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)}.