The above-captioned case was scheduled for hearing on June 12, 2001 at 1:30 P.M. At that time, Vice Chairman Richard and Commissioners Newbrook, O’Connell, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Arthur Laurenson of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
On January 4, 2001, the Board issued a Decision covering this facility. The Decision in File No. 200300 outlined a plan of action for fire safety and established time guidelines.  The Applicant subsequently advised the Board that he would be providing this facility with an approved NFPA 13-R sprinkler system and that the facility was currently protected by an approved fire alarm system.  

The Applicant further advised the Board that the Providence Fire Marshal had requested that he install two fire escapes on this facility. However, the Applicant was further approved advised by the Providence Building Board of Review that he would only be required to maintain one fire escape system if that system included a one hour rated roof assembly and discharged at the ground level.  

Accordingly, the Applicant has requested additional time to comply with the original decision into further maintain one fire escape system which would include an approved one hour rating of a roof which would be maintained as part of the egress system.
	
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 modifies its original Decision, and the Providence Fire Marshal's interpretation thereof, in order to allow the Applicant to maintain a single fire escape system that would include a portion of the Applicant’s roof that shall be made one-hour fire rated to the satisfaction of the Providence Fire Marshal. The above fire escape system shall provide discharge at grade level.

2. The Board hereby grants the Applicant additional time variance of 90 days for the date of this decision in which to complete the installation of the NFPA 13-R sprinkler system, the aforementioned fire escape system and any remaining items in the original Decision.

(Note:	The Decision in File No. 200300A was again amended to reflect the Applicant’s agreement to provide this facility with an NFPA 13-R sprinkler system.)

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 5-15-02.