The above captioned case was scheduled for hearing on December 4, 2001 at l:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Filippi, Coutu, Richard and O’Connell were present.   The fire service was represented by Assistant Deputy State Fire Marshal Douglas Wilcox of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
		
During the December 4, 2001 hearing on this matter, the Board was advised that this case involved new construction of a single tenant business space.  The Board was further advised that the building was fully sprinklered and maintained a supervisory fire alarm and have three (3) means of egress.  The variance request in question involved a mini-atrium, which connects the first and second floor.  The Board was further advised that the Applicant would comply with additional requests from the Department of Communications relating to strobe light placement within three (3) conference rooms and two (2) bathrooms within this area.  

	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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from provisions of Section 6-2.4.5(c)(h) in order to allow the Applicant to maintain the proposed mini-atrium and egress routes within this facility.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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 within the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]