The above-captioned case was scheduled for hearing on February 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Pearson, Blackburn, Dias, Preiss and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa Krapf of the Providence Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	Based on the documentation presented and the testimony taken during the February 8, 2011 hearing on this matter, it is the understanding and finding of the Board that the Applicant is seeking a variance from the provisions of section 8.3.5.1.2 (penetrations) of NFPA 101 based on the hardship of an existing pipe penetration located in an existing exit passageway.  Specifically, the Board finds that an eight to ten inch existing roof drain leader penetrates an exit passageway that the Applicant is only planning to utilize on a temporary basis until construction, currently underway, of a new fully compliant exit passageway is completed.  Finally, the Board finds that the Applicant believes that construction shall be completed on or about March 15, 2011.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a variance through March 15, 2011 from the provisions of section 8.3.5.1.2 in order to allow the Applicant to maintain an existing pipe penetration in an existing exit passageway while the new fully compliant exit passageway is in the process of being completed.  The Board hereby authorizes the Providence Fire Marshals Office to extend the above timeline for good faith efforts being shown by the Applicant and the Board notes that this variance shall bring the facility into compliance for purposes of application of section 4.6.10.1 and its referenced standards.

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)].