The above-captioned case was scheduled for hearing on October 24, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Filippi, O'Connell, Richard, Pearson, Burlingame, Newbrook, Evans and Coutu were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook 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 April 7, 2000 inspection report complied by the State Fire Marshal’s Office.  The above April 7, 2000 inspection report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the October 24, 2000 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s 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 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 section 23-28.17-5 in order to allow the Applicant to maintain the existing swing of the first floor animal storage area doors and doors leading from the storage area directly to the outside.  Accordingly, the above doors shall not have to be equipped with panic hardware.  In granting this variance, the Board notes that the doors leading from the second floor assembly area shall swing in the direction of egress travel, and shall be further equipped with panic hardware, at the direction and to the satisfaction of the state fire Marshal's office. 

2. Is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the State Fire Marshal's Office.

3. It is the understanding of the Board that the Applicant has corrected deficiency 3, by providing a second means of egress from the second level of this facility, at the direction and to the satisfaction of the State Fire Marshal's Office.

4. The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to provide limited separation of the unfinished portion of the second floor this facility, from the first level, by providing an approved sheetrock assembly at the second floor level. The Applicant shall have the option of either providing the above assembly with an approved solid core wood door, having approximate fire rating of 20 minutes, or replacing the glass of the existing door with wired glass.  The door, finally selected by the Applicant, shall be further equipped with spring loaded hinges at the direction and to the satisfaction of the State Fire Marshal's Office. The above door and assembly shall be installed within 90 days of the date of this decision.
	
In granting this variance, it is the understanding of the Board that the local fire alarm in this facility is privately monitored. It is the further understanding and direction of the Board that the Applicant shall not occupy the currently unoccupied second floor space, over the storage area of this facility, until plans for this level have been submitted to, and approved by, the State Fire Marshal’s Office.  

5. It is the understanding of the Board that Deficiency 5 is moot and no longer a violation of the State Fire Code.	

6. It is the understanding of the Board that Deficiency 6 is moot and no longer a violation of the State Fire Code.

7. As outlined in item 4 above, the Board has granted a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to provide the cited door with approved spring loaded hinges within 90 days of the date of this decision.

8. It is the understanding of the Board that the Applicant has corrected deficiency 8, at the direction and to the satisfaction of the State Fire Marshal.

9. It is the understanding of the Board that the Applicant has corrected deficiency 9, at the direction and to the satisfaction of the State Fire Marshal.

10. The Board hereby directs the Applicant to correct deficiency 10, by providing rated doors, at the top and bottom of the south egress stairs, at the direction and to the satisfaction of the State Fire Marshal, within 90 days of the date of this decision.

11. The Board hereby directs the Applicant to correct deficiency 11, by providing this facility with approved exit signage, in accordance with Exhibit A, at the direction and to the satisfaction of the State Fire Marshal, within 90 days of the date of this decision. The Applicant shall not be required to provide an exit sign on the front door of this facility.

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)].