The above-captioned case was scheduled for hearing on June 19, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Newbrook, O’Connell, Richard and Pearson were present. The fire service was represented by Deputy State Fire Marshal George Hoyle of the State Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the June 19, 2001 hearing, the Board was advised and finds that this project is in the preliminary plan review stages. The Applicant has had to replace an existing staircase. In so doing, he has created an intermediate landing which is approximately forty-four (44) inches in width. However, the newly constructed stair width is approximately fifty-one (51) inches and the code requires that the landing width be greater than or equal to the width of the stairs. There is a difference of opinion between the Fire Marshal and the Applicant as to whether the term “width of the stairs” relates to actual or required width. 

Notwithstanding this difference of opinion, the Fire Marshal has no objection to the requested relief because it meets the spirit of the fire code.  Finally, the Applicant has requested that this file be maintained as an open file until a final certificate of occupancy is issued.
	
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 LSC section 5-2.2.3.2 in order to allow the Applicant to maintain the cited forty-four (44”) inch landing within the stairway this facility.

2. Pursuant to the request to the Applicant, the Board shall maintain this file as an open file until a final certificate of occupancy is issued.

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)].