The above-captioned case was scheduled for hearing on October 1, 2013 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Booth, Walker, Jackson and Richard were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Booth to grant the Applicant relief as outlined herein.  The motion was unanimous.


FINDINGS OF FACT
	The Board finds that this facility is of Type V (000) construction, and is a two-story building over a full basement containing approximately 3,300 square feet per floor.  The Board finds that the second floor contains offices and has two (2) exits from this floor.  The Board finds that the first floor contains office spaces as well as a small conference room, and has four (4) exits to grade and that the basement of this facility has one (1) compliant exit and one (1) non-compliant exit.  The Board further finds that this facility maintains a compliant municipal fire alarm system and is fully sprinklered per NFPA 13.
	The Applicant has requested a variance from the provisions of section 39.2.4 in order to maintain a single compliant exit from the basement of the facility.  A second exit from the basement does exist, however it requires that a person must travel through an intervening room.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board grants the Applicant a variance from the provisions of section 39.2.4 in order to allow this facility to maintain one (1) compliant exit from the basement of this facility, noting that this building is fully sprinklered and alarmed.  There is no objection from the State Fire Marshals Office.

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)].