The above captioned case was scheduled for hearing on March 26, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Richard, Newbrook, and Evans were present. The fire service was represented by Assistant Deputy State Fire Marshal Dennis LaRoque of the West Warwick Fire Marshal’s Office along with Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

	The numbers of the Decision below correspond with those of a February l3, 2002 preliminary inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant, the State and West Warwick Fire Marshal’s Office, during the March 26, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February l3, 2002 preliminary inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency shall be noted herein.

	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 from the provisions of Section 5-5.l.5 in order to grant the Applicant relief from providing a two (2) hour fire barrier separating the scissor stair within this facility.  In granting this variance, it is the understanding of the Board that the scissor stair was built of two- (2) hour construction including some combustible materials.  It is the further understanding of the Board that the new stair will be consistent with the overall building construction and that the only penetrations through the stairs are to accommodate sprinkler piping.  Finally, it is the understanding of the Board that this facility shall be fully sprinkled and alarmed.

2.	The Board hereby grants a variance from the provisions of Section 5-l.5 in order to allow the Applicant to maintain the existing basement headroom within this facility.  In granting this variance, it is the understanding of the Board that the existing basement headroom is approximately seven (7’) feet, but there are projections from the sprinkler piping that extend to the point of six (6’) feet from the finished floor.  In granting this variance, it is the further understanding of the Board that the basement shall be utilized for utility purposes only and not otherwise be occupied.

During the March 26, 2002 hearing on this matter, the Board was advised that the Applicant sought a third variance from the provisions of Section 5-2.l.3, with regard to a door leading from a garage type space into an exit access which has a seven (7”) inch step down at the threshold.  In granting this variance, it is the understanding of the Board that the garage type space shall be utilized for storage only and shall only be visited by the occupants of this facility during the process of delivering or receiving material.  Finally, the Board notes that this facility shall be fully sprinkled and alarmed.

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)]