The above-captioned case was scheduled for hearing on April 30, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Sylvester, 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 Sylvester and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Blackburn and Richard.

FINDINGS OF FACT
	Based upon the documentation presented and the testimony taken during the April 30, 2013 hearing on this matter, the Board finds that the Applicant is currently constructing a one-story airport storage hangar with a footprint of approximately 12,643 square feet.  The Board further finds that this hangar shall house approximately ten (10) fixed wing aircraft at the Newport State Airport in Middletown.  The Board further finds that located at opposite ends of the hangar are a toilet room and a storage room.  The Board finds that the 165 square foot toilet room has been separated from the main hangar.  However, the Board finds that the 675 square foot storage area has not been separated from the main hangar.
	The Board finds that the hangar is constructed entirely of non-combustible materials and that it shall be used strictly for the storage of aircraft with a separate repair facility on the opposite side of the airport.  The Board finds that there shall be no hazardous operations allowed in this hangar such as repairs or fuel transfers.  The Board finds that the Applicant is installing a fire alarm system with approved heat detectors, strobes, battery back-up lights and manual fire alarm pull stations in each unit along with portable fire extinguishers throughout.  The Board further finds that the hangar maintains a fifty foot unobstructed fire department access apron around it and that the Applicant is installing a fire hydrant within 250 feet of the hangar area.
	The Board finds that the Applicant is requesting relief from the provisions of NFPA 409, Section 8.2.1.1.  Specifically, the Applicant is requesting relief from separating the 675 square foot storage area from the remainder of the hangar.  

CONCLUSIONS AND VARIANCE REQUESTS
	1.  In light of all the fire safeguards provided in this facility by the Applicant, the Board hereby grants a variance from the provisions of NFPA 409, Section 8.2.1.1 in order to allow the Applicant not to separate the 675 square foot storage area from the remainder 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)].