The above-captioned cases were scheduled for an onsite subcommittee meeting on June 1, 2010 at 10:00 AM  At that time, Commissioners Pearson, Dias, Richard and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office and Marshal Jon Pavlow of the Hianloland Fire Marshals Office.  A motion, to recommend that the Board grant the relief outlined herein, was made by Commissioner Filippi and seconded by Commissioner Dias.  The motion was unanimous. 
	The subcommittee recommendations were presented to the Board on June 8, 2010 during its 1:00 PM hearings.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jackson, Pearson, Filippi, Richard and Dias were present.  The Applicant's attorney and Deputy State Fire Marshal Kaitlyn Foley were also present.  A motion to accept the subcommittee recommendations was made by Commissioner Richard and seconded by Commissioner Dias.  The motion was unanimous.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT

The Board finds that this complex consists of two (2) main structures as identified in State Fire Marshals Inspection Reports 10-347-IS (Stepping Stone Ranch Peoples Place) and 10-349-IS (Stepping Stone Ranch Horse Barn).  The above reports were utilized by the Subcommittee, the Applicant and the State Fire Marshals Office during the June 1, 2010 Onsite Subcommittee Meeting on this matter.  Accordingly, the Board hereby incorporates State Fire Marshals Inspection Reports 10-347-IS (Stepping Stone Ranch Peoples Place) and 10-349-IS (Stepping Stone Ranch Horse Barn) as initial findings of fact.  Any modification of the Boards findings shall be noted herein. 

Specifically, the Board finds that the Peoples Place is a one story structure of mixed heavy timber and ordinary construction that has been classified as Type V (000) construction by the State Fire Marshals Office.  The Board finds that the structure is approximately 8,000 square feet in gross area.  The Board finds that there are two (2) main sections in this building.  The larger northern section is utilized as a function hall and classified as an assembly area.  The smaller southern section is utilized as office/retail space.  The Board further finds that the Applicant has previously allowed limited overnight occupancy in the office area loft.  However, the Applicant has agreed to immediately cease this practice and forbid any future overnight occupancy within this building complex.  The Board further finds that the Applicant has agreed to physically reduce the available public space in the assembly area as part of his plan of action.  

The Board further finds that the boiler room within this facility is not properly separated.  The Board further finds that the ceiling of the assembly area is covered with a black plastic moisture guard barrier, located in the rafters of the Peoples Place and that the Applicant has agreed to either provide the Fire Marshals with an approved flame spread certification of this product or to immediately remove it.

The Board further finds that the Horse Barn building is a one-story structure containing approximately 7,250 gross square feet.  The Board further finds that this building contains a small office area and approximately twenty-five (25) horse stalls.  The Board further finds that the Horse Barn has large openings on the north and south faces of the building.  The Board further finds that the Horse Barn is not open to the general public but limited to the Applicants family members and the owners of the boarded horses.  The Board further finds that the Applicant has apparently trained the horses to rapidly evacuate the building.  Finally, the Board finds that the Applicant demonstrated that his horse fire drill could evacuate the facility at approximately seventy-five percent capacity, in less than two minutes.  The Board finds that this was an impressive fire drill demonstration. 

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 this code, or as approved in particular by the state fire marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
THE SUBCOMMITTEE MAKES THE FOLLOWING RECOMMENDATIONS FOR A DECISION OF THE FULL BOARD:

PEOPLES PLACE BUILDING:
1.	The Board hereby grants Applicant a time variance of thirty (30) days to prepare and present the Hianloland and State Fire Marshals with its plan of action for the installation of a local fire alarm system within this complex.  The local fire alarm system is being installed pursuant to the Boards understanding that the Applicants plan shall reduce the overall useable public area in the Peoples Place to establish a maximum occupancy of three hundred (300) or fewer people when calculated pursuant to the less concentrated use formula of fifteen (15) square feet per person.  
	Due to the nature and limited use of this family-owned complex, as outlined above, the Applicant shall be allowed to utilize approved line-type heat detection, such as detecto wire, or a similar approved product, in lieu of heat and smoke detection devices in the horse barn, the office area, and the Peoples Place area of this complex.  The Applicant shall further be allowed to maintain a singe local alarm control panel in the Peoples Place with zones covering the above three (3) main areas of the complex, to the satisfaction of the State and Local Fire Marshals.  The above plan shall also include an exterior horn/strobe located on the northwest exterior face of the Peoples Place in order to provide the owners, whose residence is located across from this area, with immediate notification of any emergency condition.
	The Board further grants the Applicant a time variance of one hundred twenty (120) days to implement the above plan of action for the installation of a local fire alarm system within this complex.  The Board hereby grants the State and the Hianloland Fire Marshals Offices the authority to extend either or both of the above timelines in light of  good faith compliance efforts by the Applicant.  

As a condition of the above relief, the Board directs the Applicant to provide this complex with any additional exit signage or fire extinguishers deemed necessary by the above Fire Marshals.  The Board further directs the Applicant to eliminate any and all overnight occupancy within the above complex.  The Board further directs the Applicant to provide the boiler room with separation approved by the State and Hianloland Fire Marshals.  Finally, the Board directs the Applicant to either provide approved flame spread documentation, or immediately remove the black plastic moisture guard barrier, located in the rafters of the Peoples Place, within a time table established by the State and Hianloland Fire Marshals.
2.	In light of the limited and seasonal occupancy of this facility, the Board hereby grants a variance in order to allow the Applicant to pin the exit doors open during all hours of Assembly occupancy.  As a condition of this variance, in order to ensure the rapid evacuation of this facility, the Board directs the Applicant to provide a new additional double door exit in the northwest corner of the Peoples Place.  This new set of doors, and its hardware, may be of comparable construction to the existing doors and shall further be pinned open during all hours of Assembly occupancy.  Plans for, and the installation of, the new set of doors shall be in accordance with the time lines outlined in item 1 above including the Fire Marshals ability to extend the timelines.
3.	In light of the Applicants above plan to reconfigure the public space within the Assembly area to establish a maximum occupancy of three hundred (300) or fewer people when calculated pursuant to the less concentrated use formula of fifteen (15) square feet per person, the Board hereby grants relief from the sprinkler coverage requirement.  However, whenever the Applicant plans for a larger event (such his previous Memorial Day, Labor Day and Columbus Day events), where the occupancy could exceed one hundred fifty (150) people, the Board directs the Applicant to provide advance notice to the Hianloland Fire Chief.  The Fire Chief shall then have the discretion to determine whether a radio-equipped fire fighter on duty is sufficient or whether an alternative on-site water source, such as a pumper truck, would also be necessary.   

HORSE BARN BUILDING:
1.	During the subcommittee review, the Applicant advised that access to the horse barn is not open to the general public but strictly limited to the owners family and the owners of each horse boarded in the Horse Barn Building.  The Applicant further advised the subcommittee that the horses had been trained in rapid evacuation and the Applicant actually demonstrated that, at approximately seventy-five percent capacity, the Horse Barn could be evacuated in less than two minutes. 
In light of the above, the Board hereby grants a variance in order to allow the Applicant to allowed to utilize approved line-type heat detection, such as detecto wire, or a similar approved product, in lieu of heat and smoke detection devices in the Horse Barn, area of this complex.  The Applicant shall further be allowed to maintain the Horse Barn as a zone on the local alarm control panel which shall be located in the Peoples Place.  The extension of the fire alarm system to the Horse Barn shall be to the satisfaction of the State and Local Fire Marshals within the fire alarm installation timetables outlined above.    

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).