The above-captioned case was scheduled for hearing on March 22, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Evans, O’Connell, Preiss, Burlingame, Pearson, Filippi and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston 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 passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	
The Board finds that this facility was a former supermarket that had been vacant for approximately ten (10) years.  The Board further finds that the basement level of the facility is approximately five thousand (5,000) square feet and not sprinklered.  The Board further finds that the first floor level is approximately fifteen thousand (15,000) square feet and that there is incidental office space on the second level of this facility.  The Board further finds that the Applicant plans to renovate the supermarket and maintain the basement as a storage use only.  The Board further finds that the majority of the first level of this facility is on slab.  Finally, the Board finds that the Applicant is requesting relief not to sprinkler the basement storage area of this facility.  

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance in order to allow the Applicant to maintain the basement area without sprinkler coverage.  In granting this variance, it is the understanding of the Board that this area shall be utilized for storage only and shall not be open to the public.  It is the further understanding of the Board that the basement area has two (2) means of egress, one being directly to the outside.

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)].