The above-captioned case was scheduled for hearing on 1/28/2014 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Richard, Burlingame and Sylvester were present.  Also present was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Thomas Dettore of the State Fire Marshals Office and Chief Frederick Stanley and Assistant Deputy State Fire Marshal Raymond Bader of the Hope ValleyWyoming Fire District.  The Applicant was represented by Mr. Timothy Boucher and Mr. Troy Boucher.  A motion was made by Commissioner Sylvester and seconded by Commissioners Booth and Pearson 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 an 11/15/2013 inspection report [ 13-1487-IS] compiled by the State Fire Marshals Office.  In addition the State Fire Marshals Office introduced copies of five (5) of photographs [AHJ Exhibit  1] and a copy of Minnesota Department of Public Safety State Fire Marshal Division Policy  INS-11 (2007) [AHJ Exhibit  2] as part of the hearing.  The above report and Exhibits were utilized by the Board, the Applicant and the State Fire Marshals Office during the 1/28/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 11/15/2013 inspection 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.  [13-1466-VN]  The Board hereby grants the Applicant an equivalency variance to allow all existing  solid pine wood to remain in assembly areas requiring a Class C interior finish.  It is the understanding of the Board that in locations where this material is installed that constitutes a required means of egress, it has been treated with an approved intumescent paint product which, by its specifications, would provide an equivalent Class B fire rating of the finish to the satisfaction of the State Fire Marshals office.
	2-9.  [13-1467-VN], [13-1468-VN], [13-1477-VN], [13-1478-VN], [13-1479-VN], [13-1497-VN], [13-1500-VN] and [13-1507-VN]  It is the understanding of the Board that the Applicant has corrected deficiencies 2 through 9.
	10.  [13-1509-VN]  The Board hereby grants the Applicant relief based upon a structural hardship to allow the existing two (2) bathroom doors to open into the means of egress more than the permitted 50 of egress width.  It is the understanding of the Board that the Applicant has re-swung these doors so that they swing in the direction of egress travel.
	11-12.  [13-1510-VN] and [13-1511-VN]  It is the understanding of the Board that the Applicant has corrected deficiencies 11 and 12.
	13.  [13-1465-VN]  The Board hereby grants the Applicant relief from the minimum construction requirements for an assembly occupancy in an existing three-story mixed use facility of Type V (000) construction.
	In granting the above relief, the Board noted that there were no objections by the State Fire Marshals Office or the Hope Valley-Wyoming Fire District.

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)].