The above captioned case was scheduled for hearing on February 5, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson, Coutu, O’Connell, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Mackay of theWesterly Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

During the February 5, 2002 hearing on this matter, the Board was advised and finds that the Applicant plans to create a business occupancy within the subject facility and to further utilize the provisions of NFPA l0l 2000 edition in reviewing that occupancy.  Finally, the Applicant has requested several variances based upon existing construction and structural hardship.  The Westerly Fire Marshal appeared and had no objection to the requested variances.  Accordingly, the Board finds that all other deficiencies under the 2000 edition of the Life Safety Code shall be complied with by the Applicant before occupancy.

	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 in order to allow the Applicant to have this facility reviewed under the 2000 edition of NFPA l0l Life Safety Code.

2.	The Board hereby grants a variance from the provisions of Section 7.2.1.4.3 in order to allow the Applicant to maintain the existing main entrance door swing.

3.	The Board hereby grants a variance from the provisions of Section 7.2.2.3.5 in order to allow the Applicant to maintain the existing stairway nosing within this facility.
  
4.	The Board hereby grants a variance from the provisions of Section 7.l.3.2 in order to allow the Applicant to maintain the existing construction, configuration and rating of the walls and doors of the egress system within this facility in conjunction with approved NFPA l3R sprinkler coverage.  Specifically, as a condition of this variance, the Board directs the Applicant to provide the existing stair tower of this facility with approved NFPA l3R sprinkler coverage, installed at the direction and to the satisfaction Westerly Fire Marshal’s Office before occupancy.

5.	The Board hereby grants a variance from the provisions of Section 7.2.2.2.l and its referenced table in order to allow the Applicant to maintain the existing 6 5/8 inch riser height along with the existing ll 7/8” tread depth. 

6.	The Board hereby grants a variance from the provisions of Section 7.2.2.4.5 exception #2, in order to allow the Applicant to maintain the existing 30 l/2” handrail height in the existing baluster spacing of 4” on center.

7.	The Board hereby grants a variance from the provisions of Section 7.2.2.4.6 exception #3 in order to allow the Applicant to maintain the existing 33 l/2” guardrail height.

8.	The Board hereby grants a variance from the provisions of Section 7.2.2.6.3 exception #3 and 7.2.2.6.6  in order to allow the Applicant to maintain the existing distance of the windows from the egress stairs within this facility.

9.	As a condition of the variances granted herein, the Board hereby directs the Applicant to provide this facility with an approved NFPA l3R sprinkler system within the existing stair tower; the installation of automatic door closures on all stair tower doors; the installation of a fire alarm system; the installation of emergency lighting; the installation of extinguishing equipment; the installation of a one hour enclosure of the boiler; and the construction of a cover for the existing exterior stairs so as to minimize the accumulation of water, snow and ice.  The above protection shall be provided at the direction and to the satisfaction of the Westerly Fire Marshal’s Office, before occupancy.

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 in 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)]