The above-captioned case was scheduled for hearing on July 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Dias, Filippi, Walker, Blackburn, Richard, Preiss and Pearson were present.  Vice Chairman Newbrook recused himself from consideration of this case.  The fire service was represented by Chief Robert Martin of the Bristol Fire Marshals Office.  An initial motion to install a magnetic hold-open device, with alarm release, on the cited gate of this facility was made by Commissioner Walker and seconded by Commissioners Pearson and Richard.  The motion passed over the opposition votes of Commissioner Blackburn and Commissioner Preiss.  The second motion, not to install a new gate in front of door 114 was made by Commissioner Blackburn and seconded by Commissioner Walker.  This motion was unanimous.

FINDINGS OF FACT
	The Board finds that the subject facility is a public library undergoing renovations.  During the July 22, 2008 hearing on this matter, the Board had before it a July 14, 2008 letter addressed to the Chairman from Chief Martin of the Bristol Fire Department.  The above July 14, 2008 letter was utilized by the Board, the Applicant and the Bristol Fire Marshals Office during the July 22, 2008 hearing on this matter.  Accordingly, the July 14, 2008 letter is hereby incorporated by the Board as its initial findings of fact.  Any modification of the Boards findings, such as the granting of relief to 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to provide an approved magnetic hold-open device, with automatic release upon activation of the fire alarm system, on the referenced existing gate, at the direction and to the satisfaction of the Bristol Fire Marshal's office prior to the issuance of a certificate of occupancy in this case.
	2.  The Board hereby grants a variance not to require the Applicant to install a new gate in front of door 114 but to rely upon the other installed gate.  Accordingly, the Applicant is not required to install the new gate proposed by the Bristol Fire Department.

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)].