The above-captioned case was scheduled for hearing on January 4, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook 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 February 12, 2004 inspection 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 January 4, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the February 12, 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 hereby grants a variance from the provisions of sections 7.2.2.4.4.1 and 7.2.2.4.2, along with their referenced standards in order to allow the applicant to maintain the existing main entrances and egresses without exterior handrails.  This variance is granted pursuant to the Board’s understanding that this condition will be allowed under the State Building Code.

Items 2 through 5. The Board hereby directs the applicant to correct deficiencies #2, 3, 4 and 5 at the direction and to the satisfaction of the Providence Fire Marshal’s Office, within 120 days from the date of this decision.

6. The Board hereby grants a variance from the provisions of sections 7.2.1.1.1 and 7.2.1.1.2 in order to allow the Applicant to maintain the existing door swing of the tenant spaces within this facility.  In granting this variance, the Board has been advised that most of the tenant spaces are less than 2500 square feet in area and that the Providence Fire Marshal’s Office has no objection.  The Board further grants a variance from the above provisions in order to allow the Applicant to maintain non-illuminated exit signage in those business offices of this facility approved by the Providence Fire Marshal’s Office.  In those areas of the facility occupied by customers, the board directs the applicant to provide the appropriate signage, at the direction and to the satisfaction of the Providence Fire Marshal’s Office within sixty (60) days from the date of this decision.

7. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision to replace the thirty four (34) hollow core doors within this facility with doors approved by the Providence Fire Marshal’s Office.  In light of the Applicant’s agreement to replace the above doors, the Board hereby grants a variance from the provisions of table 8.3.4.2 in order to allow the Applicant to maintain the forty three (43) steel doors he has within this facility and the six (6) solid core wood doors he has within this facility.  The replacement doors maybe either steel or solid wood maintaining an approximate fire rating of twenty (20) minutes installed at the direction and to the satisfaction of the Providence Fire Marshal’s Office with approved self-closures.

8. The Board hereby grants a variance from the provisions of section 9.7.4.1 in order to allow the Applicant to not provide portable fire extinguishing equipment within the fully sprinklered common use areas of this facility.  As a condition of this variance it is the understanding and direction of the Board that the Applicant shall provide all tenant spaces within this facility with approved fire extinguishing equipment within thirty (30) days from the date of this decision and that the Applicant shall further maintain all of the fire extinguishers within this facility under an annual maintenance contract at the direction and to the satisfaction of the Providence Fire Marshal’s Office.

9. through 12. The Board hereby directs the Applicant to correct deficiencies #9, 10, 11 and 12 at the direction and to the satisfaction of the 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)].