The above-captioned case was scheduled for hearing on February 26, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Blackburn and Richard were present.  The fire service was represented by Chief of Plan Review Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro 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 January 22, 2013 preliminary plan review report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 26, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the January 22, 2013 preliminary plan review report as its initial findings of fact.  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
	1-4.  It is the understanding of the Board that the Applicant has corrected or shall correct deficiencies 1, 2, 3 and 4 as outlined on the January 22, 2013 preliminary plan review report covering this facility.
	5.  During the February 26, 2013 hearing on this matter, the Board was advised that deficiency 5 was the only issue subject to a variance and that the Applicant sought relief to maintain the dead end corridor in the mercantile occupancy portion of this facility that services the rest rooms.  Specifically, there is an existing twenty-seven foot (27) corridor in this area and the length of the allowable dead end corridor for this occupancy is twenty feet (20).  The Board further finds that the State Fire Marshals Office had no objection to the requested relief and that this area is limited only to employees who are familiar with the facility.  This area is also secured and no public members are allowed in the area.  In light of the above, the Board hereby grants a variance from the provisions of section 36.2.5.2.2 in order to allow the Applicant to maintain the cited twenty-seven foot dead end corridor in the area that services the restrooms in the mercantile occupancy of this facility.  In granting this variance, it is the understanding of the Board that the State Fire Marshals Office has no objection.  Finally, as a condition of this variance, the Board hereby directs the Applicant to provide the above dead end corridor with approved signage notifying the occupants of this condition.  The above signage shall be installed at the direction and to the satisfaction of the State Fire Marshals Office prior to re-occupancy of this facility.

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)].