The above-captioned case was scheduled for hearing on September 23, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Coutu and O’Connell 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 Wahlberg 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 July 25, 2003 plan review response compiled by the Applicant’s architect.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the September 23, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the July 25, 2003 response of the Applicant’s architect as its initial findings of fact.  The Board further finds that this is a change of use and that the Applicant has provided this facility with a new fire alarm system.  The Board further finds that the Applicant maintains a two-story egress stair on the east side of this building and at the south side has provided a new ground egress.  The Applicant has requested variances for the interior stairwell and will provide it with handrails and change the second floor door swing.  It is the understanding of the Board that all other deficiencies shall be corrected by the Applicant. 
	
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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 5-2.2.2.1 in order to allow the Applicant to maintain the existing riser height of the existing stairs within this facility.  
	
2.  The Board hereby grants a variance from the provisions of section 5-2.2.2.1 in order to allow the Applicant to maintain the existing tread width of the existing stairways within this facility.
	
3.  The Board hereby grants a variance from the provisions of section 5-2.2.2.4 in order to allow the Applicant to maintain the existing variation of the risers within the existing stairs of this facility.  It is the understanding of the Board in granting this variance that the first riser is slightly less than the others due to a new interior floor finish.
	
4.  The Board hereby grants a variance from the provisions of section 5-2.2.6.1 in order to allow the Applicant to maintain the existing continuity of construction on the existing stairwell of this facility and to make other modifications on the existing stairwell at the direction and to the satisfaction of the Providence Fire Marshal’s office.  Finally, the Board directs the Applicant to provide a new door on the stairwell to allow it to be pushed out of the enclosure.  It is the understanding and direction of the Board that all new construction shall be one-hour rated within this facility.
	
5.  The Board hereby grants a variance from the provisions of section 5-2.2.6.5 in order to allow the Applicant to maintain two display windows within the existing stair and corridor of this facility.  In granting this variance, it is the understanding of the Board that the two windows are seven square feet each and will be protected by sprinkler heads to the satisfaction of the Providence Fire Marshal’s office.

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)].