The above-captioned case was scheduled for hearing on January 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Jasparro, Preiss, Jackson, Walker and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Vincent of the Hopkins Hill Fire District Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Jasparro, Filippi and OConnell to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.
FINDINGS OF FACT
	During the January 29, 2008 hearing on this matter, the Board was advised and finds that the Applicant has requested a review of two (2) variance requests for an existing hazardous materials storage building at the Immunex Facility in West Greenwich, RI.  The Board further finds that the existing hazardous material building is a one-story high pre-manufactured steel building with a use group of H-2/H-4 and a construction type of 2C.  The Board further finds that there is a fire separation assembly between the H-2 and the H-4 occupancies.  The Board further finds that the hazardous materials building is an unoccupied building with a foam sprinkler system, ventilation equal to six (6) air exchanges per hour and explosion relief panels.  The Board further finds that there are storage racks on each side of the building with a twelve-foot wide center aisle for the H-2 and the H-4 area.  Further, the Board finds that the racks within this complex are three-tier in height and are located over an elevated containment sump.
	The Board finds that the Applicant is requesting two (2) variances.  Specifically, RIUFC section 60.1.20.2 indicates that incompatible materials may be segregated by a distance of not less than twenty feet.  The Applicant is requesting a variance in order to maintain these materials stored at a distance of not less than twelve feet.  
The Board finds that the Applicants second request is for relief from the provisions of RIUFC section 60.1.2.2 which indicates that isolating incompatible material storage by a non-combustible partition would require that the partition extend not less than eighteen inches above and to the sides of the stored material.  The Applicant is requesting that he be relieved of the requirement of the partition extending beyond the stored material on the side that faces the aisle way.  He further advised that extending the noncombustible material into the aisle way would create a hazardous condition when the forklift truck turns into the rack to remove pallets of materials.  
Finally, the Board finds that the Hopkins Hill Fire Marshal's Office has no objection in light of the separated containment areas and the foam suppression system and the fact that this facility is approximately sixty feet away from the general warehouse.
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of RIUFC section 60.1.20.2 in order to allow the Applicant to separate the incompatible materials by a distance of not less than twelve feet.  As a condition of this variance, the Board directs the Applicant to maintain all of the current safeguards in this facility as required systems at the direction and to the satisfaction of the Hopkins Hill Fire Marshal's Office.
	2.  The Board hereby grants a variance from the provisions of RIUFC section 60.1.20.2 in order to allow the Applicant to not extend the noncombustible partition eighteen inches beyond the stored material on the side that faces the aisle way within this facility.  In granting this relief, the Board directs the Applicant to maintain all of the current safeguards within this facility, as required systems, at the direction and to the satisfaction of the Hopkins Hill 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)].