The above-captioned case was scheduled for hearing on December 1, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Jasparro, Preiss, Blackburn, Pearson, Filippi and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Claude LaFlamme of the Cumberland Hill Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	Based on the documentation submitted and the testimony taken during the December 1, 2009 hearing on this matter, the Board finds that this is an existing two-story facility with an approximate 476 square feet per floor.  The Board further finds that the first floor of this facility shall be utilized as a hair salon.  The Board further finds that the second floor shall remain owner-occupied residential space and incidental storage for the first floor hair salon.  Finally, the Board finds that the raised panel doors that separate the home from the proposed business cannot provide a one-hour rating.
	By letter dated April 12, 2007, the Cumberland Hill Fire Marshal's office advised the Applicant that NFPA 1 Chapter 4.1.5.2 allows the provisions of the code to be modified by the AHJ for buildings and structures identified and classified as historic buildings or structures where it is evident that a reasonable degree of safety is provided.  The Marshal further advised the Applicant that he would not object to the use of this exemption, but that the matter had to be referred to the Fire Safety Code Board of Appeal & Review.  
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the parties' plan of action to provide the occupancies of this facility with reasonable separation by either providing a solid core wood door in the existing jamb separating the occupancies, or providing the existing panel door with intumescent paint on both sides to effect a rating of up to 1  hours, at the direction and to the satisfaction of the Cumberland Hill Fire Marshal's office.  Accordingly, once the applicant has complied with either of the above options, the separation of this facility shall be deemed to be in compliance with the code.
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)].