The above captioned case was scheduled for hearing on August 28, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, O’Connell, Evans, Filippi and Burlingame were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Macki of the Westerly Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
		
This matter was previously before the Board and a Decision, covering a plan of action for fire safety was issued on July 2, l987.  At that time, the Board relieved the Applicant from the sprinkler requirements for a business building in excess of two (2) stories based upon the Applicant’s representation that there would be no occupancy of the third story of this facility and that it should be utilized for storage only.  The Applicant has returned to the Board and requested that the restriction of the third floor use be lifted.  In support of this request, the Applicant has proposed to install a properly engineered, limited system of domestically supplied sprinkler heads covering the front stairway of this facility.  The above system would be further equipped with a back-flow protector and installed at the direction and to the satisfaction of the Westerly Fire Marshal.  Upon completion of the system, the Applicant is proposing to occupy the l,l00 square feet of the third floor of this facility.  The Westerly Fire Marshal appeared and had no objection to the granting of this variance.

	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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby amends item #2 of its Decision issued on July 2, l987 in order to allow the Applicant to maintain the variances granted herein and to further occupy the third floor of this facility.  As a condition of the occupancy of the third story of this facility, the Board directs the Applicant to provide the front stairway of this facility with a properly engineered system of domestically supplied sprinkler heads with back-flow protector, installed at the direction and to the satisfaction of the Westerly Fire Marshal, before occupancy of the third floor of this facility.  All other existing variances would continue to apply to this facility.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]