The above-captioned cases were scheduled for hearing on July 16, 2013 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Booth, Walker, Pearson, Thornton, Burlingame, Blackburn and Jackson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Peter Marietti of the Warwick Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion passed with Commissioners Walker and Blackburn abstaining from the vote.

FINDINGS OF FACT
	During the July 16, 2013 hearing on this matter, the Board had before it a June 8, 2013 memorandum from Vision 3 Architects describing the subject facility and the need for variances.  The Board also had before it a July 8, 2013 letter from the Warwick Fire Marshals Office advising the Board that it would rely upon the June 28, 2013 memorandum and the presentation of this case.  Accordingly, the Board hereby incorporates both the June 28, 2013 architects memorandum along with the July 8, 2013 letter from the Warwick Fire Marshals office as its initial findings of fact.  In addition, the Board finds that the Applicant is requesting relief related to the egress from the existing boiler room and laundry room on each of the first floors of Buildings 2, 3 and 4.  The specific relief sought is from section 7.4.1.1.  The Board finds that the Applicant shall provide the lower levels of these facilities where the boiler rooms are located with approved one-hour construction and domestic sprinkler coverage.  In light of this, the Board finds that the Warwick Fire Marshals Office has no objection. 

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 7.4.1.1 in order to allow the Applicant to maintain a single upgraded means of egress from the boiler room and laundry room of each of the first floors of Buildings 2, 3 and 4.  In granting this relief, the Board notes that the Warwick 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)].