The above-captioned case was scheduled for hearing on January 26, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Walker and Jasparro were present.  The fire service submitted a January 25, 2010 letter advising the Board that it had no objection to the requested variance.  A motion was made by Commissioner Dias and seconded by Commissioner Walker and Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the January 26, 2010 hearing on this matter, the Board was advised that the Applicant sought a variance from the provisions of section 13.8.10.6 in order to utilize PVC conduit in lieu of metal conduit for the wiring of the fire alarm system in the pool area of this facility.  The request was made pursuant to the atmosphere of the pool area and the fact that humidity and the presence of chlorine gas could lead to the possible future corrosion of the metal raceway for the fire alarm system in this area.
	By letter dated January 25, 2010 the Smithfield Fire Marshal's office advised the Board that it had no objection to the requested variance provided the installation meets all of the provisions of NFPA 70 (National Electric Code) and NFPA 72 (National Fire Alarm Code) as they relate to the installation, wiring, grounding and bonding methods employed in the fire alarm system and that the variance is for the pool enclosure, pump or filter room only and no other area of the building.  
	Finally, the Smithfield Fire Marshal's approval is also based on the fact that the PVC used should be UL electrical conduit type for exposed applications.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 13.8.10.6 in order to allow the Applicant to utilize the requested UL listed PVC electrical conduit for exposed applications in the pool area, pump or filter room, but no other area of the building.  In granting this relief, the Board notes that the installation must meet all of the provisions of NFPA 70 (National Electric Code) and NFPA 72 (National Fire Alarm Code) as they relate to the installation, wiring, grounding and bonding methods employed in the fire alarm system, at the direction and to the satisfaction of the Smithfield Fire Marshal's office.

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)].