The above-captioned case was scheduled for hearing on March 1, 2005 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, Newbrook, Filippi, Evans, O’Connell and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jonathan Smith of the Narragansett 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 Evans.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a May 14, 2004 inspection report compiled by the Narragansett Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Narragansett Fire Marshal’s Office during the March 1, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the May 14, 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.  During the March 1, 2005 hearing on this matter, the Board was advised that the floors of this facility are not level on both sides of the doorways.  Specifically, there is a one and one-half inch (1˝”) discrepancy and the fire code only allows for a discrepancy of one-half inch (˝”).  The Board was further advised that the applicants generally use elevators and that the doors and stairs are generally only utilized in the event of an emergency.  Finally, it is the understanding of the Board that the Narragansett Fire Marshal’s office has no objection to the granting of relief.  Accordingly, the Board hereby grants a variance from the provisions of section 5-2.1.3 in order to allow the Applicant to maintain the existing one and one-half inch (1 ˝”) discrepancy between the floor levels on both sides of the doorways of this facility.

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)].