The above captioned case 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 Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Coutu 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 an April l, 2002 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the May 7, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the April l, 2002 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency by the Applicant 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.	During the May 7, 2002 hearing on this matter, the Board was advised that the South County Laboratory space within this complex qualifies as needing only one (l) exit.  Accordingly, the Board directs the Applicant to remove the second emergency sign from this unit.

2.	The Board hereby directs the Applicant to correct deficiency #2 by maintaining the cited emergency lights and exit signs in full operation.

3.	A-E.  The Board hereby grants a variance from the provisions of Section 23-28.l7-5 in order to allow the Applicant to maintain the cited bathroom door in the pizzeria, the receptionist door to the egress corridor in the South County Lab, the break room door to the egress corridor and the South County Lab, the bathroom door to the egress corridor in the South County Lab and the two (2) exit access doors to the rear exit in the Lombardi Realty space.  Specifically, the above doors shall be allowed to maintain their existing dimension.

F.  It is the understanding of the Board that the Applicant has corrected deficiency #3F, to the satisfaction of the State Fire Marshal’s Office.

4.	A.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing width of the cited exit corridor in the pizzeria from the bathroom to the dining area of this facility.

B.	The Board hereby directs the Applicant to correct deficiency #4B by increasing the ceiling height from six feet four inches (6’4”) to seven feet six inches (7’6”) of the exit corridor in the pizzeria from the bathroom to the dining area of this facility.  In directing the Applicant to so increase the ceiling height, the Board notes that there is a storage area above the exit access corridor, which could be easily modified.

C.	It is the understanding of the Board that the Applicant has corrected deficiency #4C to the satisfaction of the State Fire Marshal’s Office.

5.	The Board hereby grants a variance from the provisions of Section 23-28.8-l in order to allow the Applicant to maintain the existing fire escapes from this facility.  In granting this variance, the Board directs the Applicant to maintain the fire escapes clear of all obstructions.  The above fire escapes shall be cleared within 24 hours of this hearing.

6-10.	The Board hereby directs the Applicant to correct deficiencies #6,7,8,9, and l0, at the direction and to the satisfaction of the State Fire Marshal’s Office, within thirty (30) days from the date of this Decision.  All other deficiencies within this report that have been directed to be corrected by the Applicant shall also be corrected within thirty (30) days from the date of this Decision.

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)]