The above-captioned case was scheduled for hearing on June 6, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Filippi, Newbrook, Richard, Preiss, Burlingame, Pearson and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Silva of the Providence Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the June 6, 2006 hearing on this matter, the Board was advised and finds that this facility is an existing one-story 9,211 square foot building of CMU and steel construction for the housing and care of giraffes and African elephants.  The Board further finds that approximately 1000 square feet at the west side of the building is used for public viewing of the animals.  The Board further finds that the public viewing has existing heavy timber beams and a T&G roof deck.
	The Board further finds that the Applicant has proposed for construction a single story addition of 2277 square feet to the north of the building for additional animal space and hay storage.  The Board further finds that a two-story addition of 863 square feet is proposed for a filtration room with keeper spaces above.  Finally, the Board finds that a new sprinkler system shall be installed throughout the building, at the direction and to the satisfaction of the Providence Fire Marshal's office.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 7.7.1 and its referenced egress requirements from animal areas, in order to allow the Applicant to maintain a series of eight-inch bollards with eighteen inches of clear space between each bollard, to separate the safe spaces from the animal spaces.  This emergency exit configuration will be limited to the animal areas only.  In granting this variance, the Board notes that the Applicant has demonstrated that larger clear width areas between the bollards would potentially endanger animal caretakers having to escape from the animal spaces.  Finally, as a condition of this variance, the Board directs the Applicant to continue to assure that all animal caretakers entering this area shall remain physically capable of rapidly discharging through the eighteen-inches of clear width requested by the Applicant.

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)].