The above-captioned case was scheduled for hearing on July 18, 2000 at 1:30 p.m. At that time, Chairman Farrell and Commissioners Newbrook, Pearson, Filippi, Fang, Richard, Evans, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Allen T. Adams of the Portsmouth Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Evans to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the July 18, 2000 hearing on this matter, the Board was advised that the Applicant is seeking a variance from the one-hour rating requirement for a wall which is part of egress system from the second floor of this facility.  The Applicant further advised the Board that, because of the need for natural light, he desired to utilize a glass door with sidelights in the aforementioned wall.  Further, the Applicant advised the Board that it would provide both sides of the aforementioned glass door and sidelights with an approved water curtain as part of the overall sprinkler design of this facility.  Finally, the Applicant advised the Board that all other deficiencies, listed on the February 7, 2000 plan review report compiled by the Portsmouth Fire Marshal, would be corrected.	
	
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 NFPA 101, sections 5-1.3.3 and 6-2.3.2.3 in order to allow the Applicant to maintain the above-cited glass door and side panels with an approved water curtain.  In granting this variance, the Board directs the Applicant to correct remaining deficiencies listed on a February 7, 2000 plan review report.  Finally, is the understanding of the Board that the Portsmouth Fire Marshal's Office has no objection.

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)].