The above-captioned case was scheduled for hearing on November 20, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Jackson, Jasparro, Filippi, Pearson, Preiss, Blackburn and Walker were present.  The fire service was represented by Deputy State Fire Marshal Wade Palazini of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The subject facility is the state airport terminal.  The Board finds that at the top of the recently constructed passageways to the baggage area, the height from the floor to the ceiling is seven (7) feet.  The Board finds that the height increases steadily as you move down the passageways to a height of seven feet six inches (76) at a point approximately eleven (11) feet from the start of the slope and continues at that height for the remaining 125 feet of the space.
	The Board further finds that the Applicant had reviewed this condition with authorities during the initial design of the facility modifications and that there was no objection to this approach at that time.  The Board further finds that during the final inspection of the facility, another representative of the authority indicated that this section of the building did not meet the requirements of the Life Safety Code.  In light of the above, the parties have referred this variance request to the Board.  It is the understanding of the Board that all other fire code deficiencies in this building have been corrected by the Applicant.
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.1.5 and 7.1.5.2 in order to allow the Applicant to maintain the existing seven-foot headroom as outlined above in the airport terminal.  In granting this relief, it is the understanding of the Board that the State Fire Marshal's office has no objection.  This relief is contingent upon the Applicant providing any additional signs deemed necessary by the State Fire Marshal's office to advise of the reduced headroom in this area.

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)].