The above-captioned case was scheduled for hearing January 2, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Coutu, Richard, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert Jobin of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook 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 November 10, 2000 inspection report complied 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 January 2, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the November 10, 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 REQUESTS

1. The Board hereby directs the Applicant to correct deficiency 1 by providing the cited stairway to the basement with approved handrails, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

2. During the January 2, 2001 hearing on this matter, the Board was advised that the sprinkler requirements for this facility would be grandfathered if the fire division wall was satisfactory to the East Providence Fire Marshal.  Accordingly, the Board hereby directs the Applicant to repair any penetrations within the cited fire division wall, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this decision.

3. As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with approved supervised fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshal, in accordance with the provisions of section 23-28.25-4(b), within 120 days of the date of this decision.  The Board further grants a variance from the fire alarm provisions in order to allow the Applicant to install approved magnetic hold open devices, on  the general egress system doors of this facility, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

4. It is the understanding of the Board that the Applicant has corrected deficiency 4 by cleaning the basement level of this facility to the satisfaction of East Providence Fire Marshal.  As a condition of the variances granted herein, the Board directs the Applicant to maintain this area free of combustibles and debris.

5. The Board hereby directs the Applicant to correct deficiency 5, by providing the cited wood framed access panels to the attic areas with approved sheetrock, installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision. 

6. The Board hereby grants a variance from the provisions of section 23-28.16-5 in order to allow the Applicant to maintain the cited heat vents and ducts.  As a condition of this variance, the Board directs the Applicant to provide this facility with approved supervised fire alarm system as outlined in item 3 below.

7. The Board hereby directs the Applicant to correct deficiency 7, by providing the cited wood trim with an approved Class A finish, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

8. The Board hereby directs the Applicant to correct deficiency 8 by rendering the cited decorative and acoustic material flame resistant, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

9. The Board hereby grants a variance from the provisions of section 23-28.16-2 tied to allow the Applicant maintain the egress system of this facility, in conjunction with the fire alarm system outlined in item 3 above.  In granting this variance, the Board further directs the Applicant to provide the egress system doors with approved closures into further provide the common egress doors with approved hold open devices, as deemed necessary, by the East Providence Fire Marshal's office.  The Board further directs the Applicant to make the above corrections at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

10. The Board hereby grants a variance in order to allow the Applicant to maintain the existing firewall roof extension.  This variance is also based upon the Applicant's agreement to provide this facility with approved supervised fire alarm system as outlined in item 3 above.

11. As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 11, by providing this facility with approved emergency lighting, as part of the fire alarm package, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days.  The Board further directs the Applicant to replace all missing fire extinguishers within this facility within 15 days of the date of this decision.

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)].