The above-captioned case was scheduled for hearing on October 19, 2004, at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Coutu, Burlingame, Pearson and O’Connell were present.  The fire service was represented by the East Providence Fire Marshal’s Office.  A motion was made by Commissioner O’Connell and seconded by Commissioner Burlingame 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 July 26, 2004, inspection report compiled 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 October 19, 2004, hearing on this matter.  Accordingly, the Board hereby incorporates the July 26, 2004, 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS

1. It is the understanding of the Board that deficiency #1 is informational in nature and not a Violation of the state fire code.

2. It is the understanding of the Board that the Applicant has corrected deficiency #2 by repairing the cited emergency light head.

3. The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to correct deficiency #3 by providing the cited northwest exit sign with an approved battery back-up.

4. The Board hereby grants the applicant a time variance of sixty (60) days from the date of this decision in order to provide the cited north west exit door with an approved automatic door closer, at the direction and to the satisfaction of the East Providence Fire Department.

5. It is the understanding of the Board that the Applicant has corrected deficiency #5.

6. The Board hereby grants the Applicant a time variance of sixty  (60) days from the date of this decision in order to provide the cited boiler room with an approve latching device installed at the direction and to the satisfaction of the East Providence Fire Department. 

7. The Board hereby directs the Applicant to correct deficiency #7 by providing the basement and the second floor portable fire extinguishers with approved mounting at the direction and to the satisfaction of the East Providence Fire Marshal’s Office within fifteen (15) days.

8. It is the understanding of the Board that the Applicant corrected deficiency #8 by removing the cited storage from under the basement stairs.  

9. The Board hereby grants a variance from the provisions of section 13.2.5 and its referenced standards in order to allow the Applicant to maintain the existing remoteness of the second floor hall exits.  This variance is based on structural hardship in the absence of any objection of the East Providence Fire Marshal’s Office.

10. The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to provide this facility with an approved fire department access key box installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.

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)].