The above captioned case was originally scheduled for a hearing on September 28, l999.  At that time, the Board granted several variances, which were issued in a Decision dated November 23, l999.  The Board was subsequently advised that additional variances were necessary.  Accordingly, the above captioned case was scheduled for hearing on November 27, 2001 at l:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Evans, Coutu, Richard and O’Connell were present.   The fire service was represented by Assistant Deputy State Fire Marshal Roger Henson of the Barrington Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
The Board hereby adopts its original findings in File No.:  990l44 as its findings of fact in this case.  The Board notes that pursuant to a follow-up inspection, additional deficiencies were discovered within this facility.  The Board shall address these deficiencies in this case.

	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 the provisions of Life Safety Code Sections 26-2.2.2.l and 5-2.l.5.l in order to allow the Applicant to maintain door #l45.l locked in the direction of egress travel.  In granting this variance on the basis of security hardship, it is the understanding of the Board that this door is normally locked one way.

2.	As a condition of the above variance, the Board hereby directs the Applicant to reverse the punch code box on the cited door and move it from one side of the door to the other, at the direction and to the satisfaction of the Barrington Fire Chief.

3.	The Board hereby grants a variance from the provisions of Life Safety Code Section 5-l.5 in order to allow the Applicant to maintain the existing cited headroom on stairway #3 at the third floor level.  In granting this variance, it is the understanding of the Board that this area is utilized mostly for utility and is not normally occupied.

4.	The Board hereby grants a variance in order to allow the Applicant to maintain an existing beam in the egress passageway of the mechanical story of this facility. In granting this obstruction providing approximately 4’8” headroom, it is the understanding of the Board that this area is normally unoccupied and that the Fire Marshal has no objection.

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)]