The above-captioned case was scheduled for hearing on January 25, 2005 on at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Filippi and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal’s Office along with Assistant Deputy State Fire Marshal David Vartian of the North 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 an October 26, 2004 inspection report compiled by the State Fire Marshal’ s Office and North Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State and North Providence Fire Marshal’s Office during the January 25, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the October 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.
	
The Board further finds that this building has been inspected using the 2003 edition of the Rhode Island Life Safety Code and the Rhode Island Uniform Fire Code for existing business occupancies.  The Board further finds that this facility is a two story commercial building with a full basement listed as ordinary hazard.  The Board further finds that the exterior walls are constructed of cement block with brick facade and that the building has a wood roof with a membrane deck.  The Board further finds that this building can be classified as type III construction.  The basement is currently empty and the Board finds that it utilized only used for storage and it has two (2) separate wood stairs used for egress.  The Board further finds that one (1) stair is located to the front or the Smith Street side of the building and the second stair is at the rear or the parking lot side of the building.  The Board further finds that the front stairwell opens into a first floor office and enclosed with a solid mahogany door with no self-closure.  The second means of egress from the basement exits into the rear exit corridor employing a solid mahogany door, which also has no self-closure.
	
The Board further finds that the first floor has two (2) approved means of egress.  The Board further finds that the principle entry/exit is comprised of a set of double thirty-six (36) inch glass doors leading out to the Smith Street side.  The Board further finds that the second exit is located to the rear of the building and through a single thirty-six (36) inch steel door.  The Board further finds that there are five (5) separate offices off the main entry/exit corridor.  The Board further finds that the first floor has a utility room accommodating a main air conditioning unit and two (2) bathrooms.
	
The Board further finds that the second floor has two (2) separate means of egress.  The Board further finds that the principle entry/exit is from a set of wooden stairs located on the Smith Street side and access is from a solid wooden door and jamb.  The second point of egress from the second floor is down a set of wooden stairs through a solid wooden door that opens to the rotary side of the building.  The Board further finds that the access corridor for the second floor has four (4) separate office spaces, off the main egress corridor.
	
The Board further finds that this facility is protected by an old system of alarm devices, which is equipped with an automatic dialer system, which dials the police and fire department.  The Board further finds that there are manual pull stations at each exit on both the first and second floors.  The Board furthers finds that there are hardwired, smoke/heat combination detectors throughout the building.  The Board further finds that there are illuminated exit signs on the first and second floors and there are portable fire extinguishers throughout the building.  Finally, the Board has been advised by the Applicant and finds that the tenant spaces within this building are not occupied and that the Applicant will complete the necessary work to comply with the fire code prior to re-occupancy of this building by the applicant’s tenants.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby directs the Applicant to correct deficiency #1 by repairing the main entry/exit door from the Smith Street side leading to the second floor at the direction and to the satisfaction of the North Providence Fire Marshal’s Office prior to re-occupancy of this building. 
	
2. The Board hereby directs the Applicant to correct deficiency #2 by providing the second means of egress that leads into the rear parking area with two (2) bollards to ensure that the egress door shall not be blocked by a vehicle.  The above bollards shall be installed at the direction and to the satisfaction of the State and North Providence Fire Marshal’s Office prior to re-occupancy of this building by the Applicant’s tenants.
	
3. The Board hereby directs the Applicant to correct deficiency #3 by providing additional exit signage throughout this building, at the direction and to the satisfaction of the North Providence and State Fire Marshal’s Office.
	
4. During the January 25, 2005, hearing on this matter, the Board was advised that the furnace area of this building is not fully enclosed.  The Board was advised however that the furnace is surrounded on three (3) sides by cinderblock walls.  In order to provide protection for the furnace and the ceiling above, the Board directs the Applicant to provide a domestically supplied sprinkler head over the boiler at direction and to the satisfaction of the North Providence and State Fire Marshal’s Office before re-occupancy of this building by tenants.  The Board further directs the Applicant to provide a smoke tight enclosure around the boiler by building a fourth wall and door assembly at the direction and to the satisfaction of the North Providence and State Fire Marshal’s Office.  However, the new wall and door assembly do not have to be fire rated.  These units only have to be smoke tight.  It is the intention of the Board to provide the additional protection through the domestically supplied sprinkler head as opposed to requiring the Applicant to provide a fully rated enclosure.
	
5. During the January 25, 2005, hearing on this matter, the Board was advised that the Applicant had provided the State and North Providence Fire Marshal’s Office with documentation certifying the rating of the drop ceiling within this facility.  Accordingly, the Board finds that the drop ceiling is of proper rating.  The Board hereby directs the applicant to correct the remainder of deficiency #5 by providing the wood panel in the corridors and the wood doors with an approved class “A” finish installed at the direction and to the satisfaction of the North Providence Fire Marshal’s Office.  The above class “A” finish shall be installed prior to re-occupancy of this building by tenants.
	
6. The Board hereby directs the Applicant to correct deficiency #6 by upgrading the fire alarm system in this facility at the direction and to the satisfaction of the State and North Providence Fire Marshal’s Office prior to re-occupancy of the building by tenants.
	
7. The Board hereby directs the Applicant to correct deficiency # 7 by upgrading the fire alarm system of this facility at the direction and to the satisfaction of the State and North Providence Fire Marshal’s Office prior to re-occupancy of this building by tenants.
	
8. The Board hereby grants a variance from the provisions of section 39.2.1.1 in order to allow the Applicant to maintain the existing cited basement ceiling height of this unoccupied area.  In granting this variance on the basis of structural hardship, the Board notes that the State and Local Fire Marshals have no objections.
	
9. The Board hereby grants a variance from the provisions of sections 39.2.2.3.1 and 7.2.2 and their referenced standards in order to allow the Applicant to maintain the existing cited ceiling height of the front stairs leading to the first floor from the basement.  This variance is also based on structural hardship.  In granting this variance, it is the understanding of the Board that the basement shall only be utilized for storage for the occupants of this building.
	
10. The Board hereby grants a variance from the provisions of sections 39.2.2.3.1 and 7.2.2 and their referenced standards in order to allow the Applicant to maintain the existing non-continuous handrails on the second floor rear stairwell.  In granting this variance the notes that this involves limited occupancy and that the stairs has proper railing on the other side.
	
11. The Board hereby grants a variance in order to allow the Applicant to maintain the existing egress from the occupied basement of this facility.  In granting this variance, the Board notes that the basement shall only be utilized as storage for the other building occupants.

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)].