The above-captioned case was scheduled for hearing on August 17, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Pearson, Jasparro, Jackson, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Steven Hughes of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 17, 2010 hearing on this matter, the Board had before it a June 18, 2010 explanation of the requested relief submitted by the East Greenwich Fire Marshals Office along with the testimony of the East Greenwich Fire Marshal and the Applicant.  Accordingly, the Board finds that the New England Tech property on Division Road is currently under an extensive reconstruction which is projected to be completed within the current year.  The Board further finds that pursuant to a walk through by the East Greenwich Fire Marshals Office, it was noted that two (2) of the existing stair towers have non-compliant hand rails that do not meet the 2 requirement of NFPA 101, 7.2.2.4.4.5.  The Board further finds that the subject facility was constructed pursuant to the 1997 version of NFPA 101 and fully met the requirements of that particular code.  The Board further finds that the final inspection of this facility would have to be conducted pursuant to the 2003 edition of NFPA 101.
	Pursuant to the fact that this facility is fully sprinklered and fully alarmed and that all newly constructed stair towers will be fully compliant with the code, the East Greenwich Fire Marshals Office advised the Board that it had no objection to the requested relief allowing the two (2) existing stair towers to maintain hand rails at two inches (2) as opposed to two and one half inches (2) under the current code.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.2.2.4.4.5 of the Rhode Island Life Safety Code in order to allow the Applicant to maintain the existing previously compliant hand rails within the two (2) existing stair towers of this facility.  In granting this variance from the provisions of the current code, it is the understanding of the Board that the East Greenwich Fire Marshals Office has no objection in light of the additional safeguards provided in this facility.

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)].