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 Deputy State Fire Marshal Kaitlyn Iannone of the State Fire Marshals Office.  The Applicant was represented by Mr. Timothy Wensus of Hughes Associates and Mr. Brian Loynds.  A motion was made by Commissioner Sylvester and seconded by Commissioner Booth to deny the Applicant relief as outlined herein.  The motion was approved over the objections of Commissioners Thornton and Jackson  Commissioner Richard did not participate in the hearing and abstained from the vote.

FINDINGS OF FACT

	The Decision below corresponds with prior Board Decision  090021 heard on 4/9/2013 and a letter dated January 2, 2014 from Hughes Associates requesting that the file be re-opened.  The above Decision and letter 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 4/9/2013 Decision and January 2, 2014 letter 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.  [12-1200-VN]  The Board hereby denies the Applicant the requested relief to omit door signage as required by RILSC section 7.2.1.6.1.1(4) from any doors in the facility that are equipped with delayed-egress locking systems.  In denying the requested relief the Board noted that there was an objection by the State Fire Marshals Office to this request.

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)].