The above-captioned case was scheduled for hearing on March 24, 2009 at 1:00 P.M. At that time, Acting Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Walker, Filippi and Dias were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	Upon review of the submitted documentation and the testimony taken during the March 24, 2009 hearing on this matter, the Board finds that the proposed building consists of an 8,500 square foot membrane covering a rigid frame steel structure, on a concrete foundation wall. The Board further finds that the facility shall be utilized by the RIDOT as a salt storage shed. 
The Board further finds that, other than the occasional heavy equipment operations to bring material in and out, human occupancy of the structure will be limited and that there shall be no public occupancy of the facility. The Board further finds that no heating and plumbing will be provided to this facility and that it shall only be provided with approved lighting. Finally, the Board finds that, with the exception of the subject of the requested relief from the fire alarm system requirements, the proposed facility will be in compliance with the code. In light of the above, and in accordance with the precedents set by the Board in comparable cases, the Board finds that the State Fire Marshals Office has no objection to the requested fire alarm relief.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in this code, or as approved in particular by the state fire marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of section 42.3.4.1.1 in order to allow the Applicant not to provide this generally unoccupied salt storage facility with a fire alarm system. In granting this relief, based upon its past precedent with such facilities, it is the understanding of the Board that the State Fire Marshals Office has no objection.   

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 Applicants 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 Boards 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 Boards 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)].