The above-captioned case was scheduled for hearing on September 11, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, Richard, Burlingame, Filippi, O’Connell and Pearson were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal's Office and Assistant Deputy State Fire Marshal Roger Henson of the Barrington Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

The numbers of the Decision below correspond with those of a February 13, 2001 inspection report compiled by the State Fire Marshal’s Office. The above report was utilized by the Board, the Applicant and the Barrington Fire Marshal’s Office during the September 11, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the February 13, 2001 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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1(a)and(b). The Board hereby directs the Applicant to correct deficiencies 1(a)and(b) by providing the cited areas with approved emergency lighting and exit signs installed at the direction and to the satisfaction of the State Fire Marshal within sixty days of the date of this decision.

2(a)and(b). The Board hereby grants a variance from the provisions of section 23-28.6-6 in order to allow the Applicant to maintain the existing remoteness of the cited components of the egress system.

3(a)and(b). The Board hereby directs the Applicant to correct deficiencies 3(a)and(b) by removing the stored combustibles from the cited areas of this facility.

4(a). The Board hereby directs the Applicant to correct deficiency 4(a) by replacing the door at the lower-level of the cited means of egress, at the direction and to the satisfaction of the State Fire Marshal, within sixty days of the date of this decision.

4(b). The Board hereby directs the Applicant to correct deficiency 4(b) by properly enclosing the cited openings at the direction and to the satisfaction of the State Fire Marshal within sixty (60) days of the date of this decision. 
 
4(c)and(d). It is the understanding of the Board that the Applicant has corrected deficiencies 4(c)and(d) at the direction and to the satisfaction of the State Fire Marshal.

5(a)and(b). It is the understanding of the Board that the Applicant has corrected deficiencies 5(a) and 5(b) to the satisfaction of the State Fire Marshal.

6.  It is the understanding of the Board that the Applicant has removed the flammables from the cited area to the satisfaction of the State Fire Marshal.  The Board hereby grants a time variance of 30 days to allow the Applicant to correct remainder of deficiency 6.

7. During the September 11, 2001 hearing on this matter, the Board was advised by the Barrington Fire Marshal of that his understanding that a prior decision allowed the Applicant to maintain partial local fire alarm coverage in this building. In light of the Marshal’s understanding, the Board shall allow the Applicant to maintain the upgraded partial local fire alarm system provided he limit the occupancy of that area to no more than seventy-five (75) people.

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 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. ( 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 Board’s 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 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 [R.I.G.L. 42-35-15(c)].