The above captioned case was scheduled for hearing on October 30, 2001 at l:00 p.m.  At that time, Vice Chairman Richard and Commissioners Wahlberg, Coutu, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  A second motion covering specifically the egress stairways outlined in deficiency #2, was made by Commissioner Wahlberg and seconded by Commissioner Coutu.  The second motion allowing the Applicant to maintain two (2) exit stairways while opening two (2) others was also unanimously approved.

FINDING OF FACT
	
The numbers of the Decision below correspond with those of an October ll, 200l plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the October 30, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October ll, 2001 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Section 23-28.l6-2(b) in order to allow the Applicant to maintain the existing egress from the cited-unoccupied basement areas.  In granting this variance, it is the understanding of the Board that two (2) of the areas are elevator rooms and have been provided with an approved steel doors.  It is the further understanding of the Board that this variance requested is consistent with Life Safety standards.

2.	The Board hereby grants a variance in order to allow the Applicant to completely open two (2) of the four (4) exit stairways within this facility.  While the Board does not allow the Applicant to open the remaining two (2) exit stairways, the Applicant is free to repetition the Board with a plan of action for the installation of vision panels within the remaining exit stairways provided they are properly rated and approved.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l7-4(a) in order to allow the Applicant to maintain the existing open wraps within the parking structure of this facility.

4.	The Board hereby directs the Applicant to correct deficiency #4 by providing the egress stairways utilized by the public of this facility with approved handrails, installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

5.	The Board hereby grants a variance from the provisions of Section 23-28.l7-12 in order to allow the parking area of this building not to be provided with approved portable fire extinguishers.  In granting this variance, it is the understanding of the Board that the Applicant shall maintain two (2) dry manual standpipes within this facility for fire suppression purposes.  Finally, the Board directs the Applicant to provide the business office occupancy with an approved fire extinguisher, at the direction and to the satisfaction of the Providence Fire Marshal.

6.	The Board hereby directs the Applicant to correct deficiency #6 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the Providence Fire Marshal.

7.	The Board hereby directs the Applicant to correct deficiency #7 by providing this facility with approved exit signage, at the direction and to the satisfaction of the Providence Fire Marshal.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]