The above-captioned case was scheduled for hearing on January 14, 2003 at 1:00 P.M. At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Pearson, Richard, O’Connell, Wahlberg, Coutu and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshals Gerald Bessette and Glen Quick of the East Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the January 14, 2003 hearing on this matter, the Board was advised and finds that the subject facility is an animal hospital. The Applicant is seeking relief from the provisions of the life safety code addressing the existing egress, stair details and landings from the generally unoccupied basement of this facility. 

Specifically, the basement is approximately 550 square feet in area and used only for a mechanical space and the operation of a washer and dryer by employees for linens utilized by the hospital. The Applicant wishes to maintain the existing stairway and landing construction and dimensions and to further maintain one means of egress from the basement level. 	

As a condition of this variance, the Applicant has agreed to provide the basement with full sprinkler coverage and to further provide this building with an approved fire alarm system. 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of NFPA 101, sections 7.2.2.3, 7.2.2.3.2 and 7.4 in order to allow the Applicant to maintain the existing basement stairway and landing construction, configuration and dimensions and to further maintain one means of egress from the basement level. As a condition of this variance, the Board directs the Applicant to provide the basement with full sprinkler coverage and to further provide this building with an approved fire alarm system. Finally, it is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant.

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 Applicant’s 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 Board’s 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 Board’s 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)].