This case was previously before the board and variances were granted on November 8, l995 in File No.:  940050.  The Applicant has returned requesting reconsideration of the ban on occupancy of third floor of this facility.  The requested reconsideration was scheduled for hearing on May 7, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, O’Connell, Burlingame, Newbrook, and Coutu were present. The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal David Curran of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The Board hereby relies on its original findings of fact as outlined in File No.:  940050 referenced above.  While the original Decision eliminated occupancy of the third floor of this facility, the Applicant has returned with a proposal for limited occupancy of this area.  The Applicant initially presented the Board with a plan to maintain a maximum of four (4) offices with a maximum of eight (8) people on the third floor of this facility.  However, the State Fire Marshal’s Office objected to such an increase in occupancy and advised the Board that the discussions they had with the Applicant’s representative would have limited the occupancy of the third floor to a maximum of three (3) people.  The State Fire Marshal’s Office further advised the Board that they had no objection to expanding the occupancy of the third floor to a maximum of three (3) people.  In light of the State Fire Marshal’s presentation, the Applicant’s representative advised the Board that they could realistically limit occupancy of the third floor to three (3) offices and one storage room with a maximum of three (3) people.  In light of the apparent agreement of the parties, the Board voted to accept the Applicant’s plan of action with the conditions as outlined below.

	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 amends the original Decision in this matter, to allow occupancy of the third floor to be limited to three (3) offices with a maximum of three (3) people.  As a condition of this variance, the Board further directs that there shall be no overnight occupancy and that the second and third floors of this building shall be utilized for office use only.  The Board further directs the Applicant to maintain the second stairway from the attic as an emergency means of egress and to further familiarize the three- (3) employees of the third floor with the operation of this emergency means of egress.  The Board further directs that all meetings shall take place on the lower level of this facility in the conference room area as agreed to by the Applicant’s representative.  

Finally, in light of the Applicant’s apparent good faith efforts to bring this facility into compliance, the Board hereby restores the original variances granted in this facility.

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)]