The above-captioned case was scheduled for hearing on January 12, 2010 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Dias, Jasparro, Preiss and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  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 Commissioners Richard and Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 12, 2010 hearing on this matter, the Board was advised and finds that the subject facility is a water treatment storage facility that is apparently in compliance with the code.  However, the Board was advised and finds that the facility requires a fire department access road width of approximately twenty (20) feet.  The Board was further advised and finds that the current fire department access road width is approximately fourteen (14) feet.  The Board was further advised and finds that the parties have agreed that the road could be made wider on other areas of the compound where vehicles would be able to pass and turn around within the compound.  Finally, the Board was advised and finds that the State Fire Marshal's office has consulted with the Charlestown Fire Chief and that the fire service has no objection to the requested relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of sections 18.1 through 18.2.3.2.5 of NFPA 1 in order to allow the Applicant to maintain the proposed fire department access road at less than twenty feet, at the direction and to the satisfaction of the State and Charlestown Fire Marshal's offices.  As a condition of this relief, the Board directs the Applicant to widen portions of this road, at the direction and to the satisfaction of the above authorities having jurisdiction, in order to allow for fire department vehicles to pass each other within these sections and to turn around to the satisfaction of the above AHJs.

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)].