The above-captioned case was scheduled for hearing on September 14, 2004 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Wahlberg, Newbrook, Burlingame, Filippi and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal Theodore Hopkins of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 September 14, 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. The Board finds deficiency #1 to be informational in nature and not a violation of the State Fire Code.
	
2. The Board hereby grants a variance from the provisions of section 13.2.2.2 in order to allow the Applicant to maintain the cited twenty (20) minute door at the top of the basement stairs in the existing wood frame.  In granting this variance, the Board directs the Applicant to provide an approved domestically supplied sprinkler head to cover the door and to further equip the door with approved self-closures and spring load hinges installed at the direction to the satisfaction of the Woonsocket Fire Marshal’s Office, within 120 days from the date of this decision.
	
3. The Applicant is hereby directed to correct deficiency #3 as outlined in item #2 above.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by removing the cited dead-bolt lock.
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing the basement stairs with the required handrail.

6. The Board hereby grants a variance from the provisions of section 13.2.1 in order to allow the Applicant to maintain a single means of egress from the basement provided the Applicant installs a domestically supplied sprinkler head in the basement stairway at the direction and to the satisfaction of the East Providence Fire Marshal’s office.  The above installation shall be within 120 days from the date of this decision.
	
7. It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
8. It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing the basement with an approved exit sign, installed at the direction to the satisfaction of the East Providence Fire Marshal’s Office.
	
9. The Board hereby directs the Applicant to correct deficiency #9 by providing the basement with an approved portable fire extinguisher installed immediately at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
10. The Board hereby directs the Applicant to provide the cited separation fence in the dining area with an approved class “A” finish, installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office, within 120 days from 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)].