The above-captioned case was scheduled for hearing on May 24, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Preiss, Evans, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Alexander Galinelli of the Warren Fire Marshal’s Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that this is a two-story combustible construction with brick veneer building consisting of 15,495 square feet.  The Board further finds that this building was built in the 1940’s and has been utilized as a school until the year 2000.  The Board further finds that the building consisted of eight (8) classrooms, four (4) on each floor and that the basement housed a boiler room, library, cafeteria and bathroom facilities.
	
The Board further finds that this facility was purchased by the Applicant to be converted for office space.  The Board further finds that the original building was sprinklered and that the Applicant shall provide a new water main to upgrade the sprinkler system.  The Board further finds that the basement now houses records, a small kitchen for employees, bathroom facilities and a boiler room which contains a new gas-fired boiler.  The current first floor houses a board room for weekly meetings, an administrative office and two (2) other offices for use of the Applicant’s employees.  The second floor is currently vacant.  The Applicant has come before the Board requesting to maintain the original glass doors in this facility and further requesting to provide heat detection in the attic in lieu of sprinkler coverage.  The Warren Fire Marshal’s office had no objection to this request.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 39.2.2.2 and 7.2 in order to allow the Applicant to maintain the existing wired glass doors throughout the egress system of this facility.  In granting this variance, the Board notes that this facility is fully protected by a sprinkler system and also has a municipally connected fire alarm system.
	
2.  The Board hereby grants a variance from the provisions of Chapter 13 of the Rhode Island Uniform Fire Code in order to allow the Applicant to provide heat detection in the attic instead of sprinkler coverage.  In grant this variance, it is the understanding of the Board that the Warren Fire Marshal’s office has no objection in light of the limited use and additional fire protection within 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)].