The above-captioned case was scheduled for hearing on June 5, 2012 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Sylvester, Walker, Pearson, Dias and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal Steven Hughes of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	By letter dated May 10, 2010, the East Greenwich Fire Marshals Office advised, and the Board finds, that the current adopted 2003 Edition of NFPA 1, Annex H, mandates that the minimum fire flow of a hydrant may not be reduced below 1000 GPM even with the addition of sprinklers.  However, the East Greenwich Fire Marshal further advised, and the Board finds, that Chapter 18 of the 2012 Edition of NFPA 1 would allow the required flow to be reduced to 600 GPM if quick response sprinklers are utilized.  The Board has been advised and finds that the Applicant is capable of securing a fire flow of 750 GPM from its existing hydrant.  The Board finds that the Applicant has requested a variance from the provisions of the 2003 Edition of NFPA 1, Chapter 18 in order to utilize, and comply with, the 2012 Edition of NFPA 1, Chapter 18.  Finally, the Board finds that the East Greenwich Fire Marshals Office has no objection pursuant to his understanding that the 2012 Edition of NFPA 1 will be adopted by the end of 2012.
	It is the understanding of the Board that the Applicant has corrected all remaining fire code deficiencies within this facility.  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.	The Board hereby grants a variance from the provisions of the 2003 Edition of NFPA 1, Chapter 18, in order to allow the Applicant and the East Greenwich Fire Marshals Office to utilize the 2012 Edition of NFPA 1, Chapter 18, without the limitation of any Rhode Island amendments, in determining the appropriate approved fire flow for the hydrant(s) of the subject facility.  In granting this variance, it is the understanding of the Board that the East Greenwich Fire Marshals Office has no objection.

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)].