The above-captioned case was scheduled for hearing on January 22, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Walker, Preiss, Jasparro and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jason Simmons of the Watch Hill Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Richard and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an August 13, 2007 letter from the Chief of the Watch Hill Fire District to the Westerly Building Official.  This letter, along with a copy of the July 11, 2007 application presented by the Applicant to the Westerly Building Code Board of Appeal was utilized by the Board, the Applicant and the Watch Hill Fire Marshals Office during the January 22, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the August 13, 2007 letter from the Watch Hill Fire Chief along with the July 11, 2007 application from the Applicant to the Westerly Building Code Board of Appeal as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.  
	In addition to the above, the Board finds that this is a fully sprinklered facility which includes sprinkler coverage in the porch areas.  The Board further finds that the Applicant wishes to replace the stairs in wood, a Class A product with a zero flame spread rating over ten (10) minutes.  The Board further finds that there should be a steel frame structure under the stairs but that the remainder of the stairs would be fire treated stringers along with fire treated treads and risers.  Finally, the Board finds that the Watch Hill Fire Marshal's office has no objection to the requested relief as presented to and approved by the Westerly Building Board of Appeal.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the above cited combustible materials on the exterior stairs 1, 3, 4, 5 and 7 as shown on the drawings submitted with the variance application and as specifically approved by the Building Code Board of Appeal for the Town of Westerly.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain a combustible exterior wall covering in the select location on the curved wall surface of the round structure on the L-2 level, as shown on the drawings submitted with the variance application and as specifically approved by the Building Code Board of Appeal for the Town of Westerly.
	3.  The Board hereby grants a variance in order to allow the Applicant to maintain a combustible exterior trim over forty (40) feet above the grade plane in those locations as shown on the drawings submitted with the variance application and as specifically approved by the Building Code Board of Appeal for the Town of Westerly.

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)].