The above-captioned case was scheduled for hearing on at 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 Newbrook  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 with those of a July 18, 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 28, 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. During the October 19, 2004, hearing on this matter the Board was advised that the Applicant has corrected deficiency #2.  Accordingly, the Board directs the Applicant to provide the East Providence Fire Marshal’s Office with documentation that the kitchen hood extinguishing system is currently in compliance and has been properly inspected.
	
3. The Board hereby directs the Applicant to correct deficiency #3 by providing the kitchen of this facility with an approved “K” type portable fire extinguisher installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office within 15 days of the date of this decision. 
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by properly testing all of the cited portable fire extinguishers.
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing the sunroom east exit door with an approved self-closing device.
	
6. The Board hereby directs the Applicant to correct deficiency #6 by relocating the chairs and tables currently obstructing the sunroom east door, at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
7. It is the understanding of the Board that the Applicant has corrected deficiency  #7 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 at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
9. The Board hereby grants a variance from the provisions of section 13.2.2.2 and its referenced standards in order to allow the Applicant to maintain the cited solid core
1 3/8 inch thick basement door.  In granting this variance, it is the understanding of the Board that the basement is not normally occupied and is utilized only for utilities and storage and that the East Providence Fire Marshal’s Office has no objection.
	
10. The Board hereby grants the Applicant a time variance of ninety (90) days from the date of this decision in order to correct deficiency #10 by providing the cited basement door with an approved self-closing device installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
11. The Board hereby grants a variance from provisions of section 13.2.2.3 in order to allow the Applicant to maintain one (1) handrail on the cited basement stairs installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
12. The Board hereby grants a variance from the provisions of section 13.2.2.3 in order to allow the Applicant to maintain the existing winding stairs servicing the unoccupied basement of this facility.  This variance is granted on the basis of structural hardship.
	
13. It is the understanding of the Board that the Applicant corrected deficiency #13 at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.
	
14. The Board hereby grants a variance from the provisions of section 13.2.4 in order to allow the Applicant to maintain the existing exit from the basement of this facility.  In granting this variance on the basis of structural hardship, the Board further directs the Applicant to provide a domestically supplied sprinkler head over the furnace and to further provide the furnace with an approved remote shut off switch installed at the direction and to the satisfaction of the East Providence Fire Marshal’s Office.  Finally, this variance is conditioned upon the Applicant’s representation that the basement shall remain unoccupied and shall be utilized only for utilities and limited storage.

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)].