The above-captioned case was scheduled for hearing on November 21, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Richard, Filippi, Pearson and Burlingame were present.  The fire service was not represented during this hearing. The Board was advised that the Bristol Fire Chief had no formal objection to the relief requested by the Applicant. However, out of an abundance of caution, the relief granted herein shall be contingent upon the written confirmation, by the Bristol Fire Chief, that he has no objection.   In light of the above, a motion to hear this case, in the absence of the Fire Chief, was made by Commissioner Wahlberg and seconded by Commissioner Coutu. The motion passed over the opposition votes of Commissioners Burlingame and Richard. 

Upon review of the case by the Board, a motion was made by Commissioner Wahlberg and seconded by Commissioner Filippito grant the Applicant relief as outlined herein.  The motion passed with Commissioners Burlingame and Richard abstaining.

FINDINGS OF FACT
	
During the November 21, 2000 hearing on this matter, the Board was advised that the Applicant is in the process of renovating the subject facility.  The Board was further advised that this facility shall be protected by an NFPA 13 sprinkler system and full fire alarm system.  Aside for the variances requests outlined below, it is the understanding of the Board that the Applicant will bring this facility into full compliance with the state fire code.
	
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 in order to allow the Applicant to maintain the existing means of egress from the unoccupied basement of this facility. In granting this variance, it is the understanding and direction of the Board that the Applicant shall not allow storage on, or public access to, this level.  This variance is further contingent upon the Applicant’s representations in his November 16, 2000 letter to Deputy State Fire Marshal Howe, incorporated herein by reference. 

2. The Board hereby grants a variance in order to allow the Applicant not to provide double 5/8 in. sheetrock at the “basement ante space” and the adjacent West crawl space ceilings as shown in Applicant’s Drawing A-6.  This variance is also contingent upon the Applicant’s representations in his November 16, 2000 letter to Deputy State Fire Marshal Howe incorporated herein by reference.

3. The Board hereby grants a variance in order to allow the Applicant to maintain the existing construction, configuration and fire rating of the walls, ceilings and door assemblies of the existing stairwell at the first and second floor levels of this facility. In granting this variance, it is the understanding and direction of the Board that the Applicant shall effect all remaining corrections outlined in his November 16, 2000 letter to Deputy State Fire Marshal William Howe.  This variance is further conditioned upon the Board's understanding that the entire area above shall be fully protected by an NFPA 13 sprinkler system.

4. As a condition the variances granted herein, the Board directs the Applicant to provide this facility with an approved NFPA 13 sprinkler system, installed at the direction and to the satisfaction of the Bristol Fire Chief.  Finally, the variances granted herein are contingent upon the Board's receipt of a letter from the Bristol Fire Chief indicating that he has no objection to the plan of action outlined above.

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)].