The above-captioned case was scheduled for hearing on February 21, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Jackson, Jasparro and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the February 21, 2012 hearing on this matter, the Board was advised and finds that the four (4) existing stair enclosures in the Carothers Library have existing electrical breaker panels located on the landings of each enclosure at each level.  The Board was further advised and finds that the original scope of the work for fire code upgrades in this facility was to relocate these panels to the opposite side of the walls from where they are currently located.  The Board further finds, however, that during the construction process it was discovered that the electrical feed to each of these panels would need to be completely replaced in order to accomplish this scope.  The Board was further advised that based upon the above, the Applicant would incur substantial additional cost in construction to accomplish the scope of work.  The Board further notes that this facility is currently protected by a municipally connected fire alarm system and complete sprinkler coverage.  Finally, the Board was advised by the State Fire Marshals Office that it would have no objection in light of the municipal fire alarm, sprinkler coverage and the Applicants agreement to make the panels lockable.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant not to relocate the cited existing electrical breaker panels located on the landings of each enclosure at each level of this facility.  In granting this relief, the Board notes that this facility shall be fully sprinklered and alarmed and that the Applicant shall render these panels lockable, at the direction and to the satisfaction of the State Fire Marshals Office.  In granting this relief on the basis of structural hardship, the Board notes that the State Fire Marshals Office has no objection in light of the additional fire safeguards outlined above.  Finally, the Board notes that the electrical systems of this facility have been upgraded 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 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)].