The above-captioned case was scheduled for hearing on December 11, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jackson and Vice Chairperson Filippi 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 an October 2012 variance request submitted by the Applicant.  In addition, the Board had before it a November 20, 2012 letter from Assistant Deputy State Fire Marshal Richard Vespia of the Providence Fire Marshals Office advising that he had no objection to the above report being utilized before the Board.  Accordingly, the Board hereby incorporates the October 2012 Applicants report along with the November 20, 2012 letter from Marshal Vespia as its initial findings of fact.  Specifically, the Board finds that the Applicant is seeking a variance to be relieved from the one-hour rated wall requirement of RI Life Safety Code Sections 7.2.2.6.3 and 7.1.3.2.1(1).  Specifically, the broadcast boxes in question are to be located in a flood plain, and FEMA requires that the exterior walls at the lower level be of breakaway construction, and that these walls are not permitted to have any finish on the interior side of the stud framing.  Accordingly, a fire-rated assembly is not able to be accomplished given this restriction.  In addition, the Board finds that the Applicant is seeking relief from complying with the provisions of section 38.3.4.1.1 requiring a local fire alarm system for business occupancies of more than one (1) story in height.  It is the understanding of the Board that all other fire code deficiencies will be addressed by the Applicant in the future construction of the subject buildings.  Any modification of the Boards 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of sections 7.2.2.6.3 and 7.1.3.2.1(1) in order to allow the Applicant relief from the one-hour rated wall requirement, in light of the FEMA flood plain restrictions. 
	2.  The Board hereby grants a variance from the provisions of sections 38.3.4.1.1 and 13.8.10.4.1 in order to allow this small, generally unoccupied building not to be provided with a local fire alarm system.  In granting this relief, it is the understanding of the Board that the Providence 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)].