The above-captioned case was scheduled for hearing on January 5, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Jasparro, Preiss, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Glen Bathgate of the Cranston Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 5, 2010 hearing on this matter, the Board was advised and finds that this facility is a three-story, 40,000 sq. foot self-storage facility with open ceilings above the storage units.  The Board was further advised and finds that there is an approximate fifty-two (52) inch space between the top of the first floor storage units and the first floor ceiling and that there is approximately a thirty-two (32) inch space between the top of the second and third floor storage units and the second and third floor ceilings.  The Board was further advised and finds that this facility maintains approved smoke detector coverage throughout and that the parties have come before the Board requesting technical relief from having to provide additional smoke detection in every beam pocket where the beam depth exceeds one (1) foot.  The Board was further advised and finds that the facility is fully sprinklered and that the current smoke detection shall be located approximately thirty (30) feet on center above the hallways between storage units.
	Finally, the Board finds that the Applicants engineer has determined that the additional smoke detection would have a negligible impact upon life safety within this facility and that the Cranston Fire Marshal's office has no objection to the relief for this fully sprinklered, generally unoccupied building in light of the above.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 5.7.3.2.4(b)(2) in order to grant the Applicant relief from providing smoke detectors in each pocket beam of this facility where the beam depths exceed one foot.  In granting this variance, the Board directs the Applicant to provide this facility with the standard smoke detection and sprinkler protection required for this occupancy, at the direction and to the satisfaction of the Cranston Fire Marshal's office.

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)].