The above-captioned case was scheduled for hearing on February 6, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, O'Connell, Richard, Burlingame, Pearson, Filippi and Coutu 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 Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond in sequence with those of an August 8, 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 February 6, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the August 8, 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. It is the understanding and direction of the Board that the Applicant has corrected deficiency 1 by removing the cited storage and the unauthorized hold open device to the boiler room door.

2. It is the understanding and direction of the Board that the Applicant has corrected deficiency 2 by repairing the cited emergency lighting packs within this facility.

3. It is the understanding and direction of the Board that the Applicant has corrected deficiency 3 by providing the basement with proper signage and illumination, at the direction and to the satisfaction of the East Providence Fire Marshal.

4. The Board hereby grants a variance from the provisions of section 23-28.6-9 in order to allow the Applicant to provide the existing egress door jambs, leading from the basement, with approved solid core wood doors maintaining an approximate fire rating of 20 minutes.  The above doors shall further be equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

5. It is the understanding and direction of the Board that the Applicant has corrected deficiency 5 by properly fire rating the cited ceiling decorations at the direction and to the satisfaction of the East Providence Fire Marshal's office.

6. The Board hereby grants a variance from the provisions of section 23-28.6-7 in our to allow the Applicant to maintain the cited scuttle provided he covers the non-rated scuttle enclosure with approved sheetrock finish at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision. The Board hereby directs the Applicant to correct the remainder of deficiency 6 by sealing off the cited penetrations, at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

7. The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing construction and rating of the cited exits as modified herein.  The Board further grants a variance for the above provisions in order to allow the Applicant to provide the existing cited door jambs of this facility with approved solid core wood doors maintaining approximate fire rating of 20 minutes.  The above doors shall be further equipped with spring-loaded hinges and installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

8. It is the understanding and direction of the Board that the Applicant has corrected deficiency 8 by providing the cited stairs with approved handrails.

9. The Board hereby grants a variance from the provisions of section 23-28.6-9 in order to allow the Applicant to provide the existing storage room door jamb with an approved solid core wood door having an approximate fire rating of 20 minutes.  The above door shall be installed at the direction and to the satisfaction of the East Providence Fire Marshal within 120 days of the date of this decision.

10. It is the understanding of the Board that the Applicant has corrected deficiency 10 by sealing off the cited window to the satisfaction of the East Providence Fire Marshal.  

11. The Board hereby grants a variance from the provisions of section 23-28.6-7 in order to allow the Applicant to maintain the existing cited interior finish and glass door.  In granting this variance, the Board directs the Applicant to provide the wood surfaces of the cited areas with an approved Class-A finish installed, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this decision.

12. The Board hereby directs the Applicant to correct deficiency 12 by upgrading cited alarm system, at the direction and to the satisfaction of the East Providence Fire Marshal, within 120 days of the date of this decision.	

13. It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing this facility with approved, properly mounted and designated fire extinguishers.

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)].