The above-captioned case was scheduled for hearing on August 22, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Blackburn, Newbrook and Pearson were present.  Commissioner Preiss recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal George Potter of the Warwick Fire Marshals Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 22, 2006 hearing on this matter, the Board was advised and finds that this is a two-story fire station of block construction.  The Board was further advised and finds that the building would be considered to be of Type III 211 construction.  The Board was further advised and finds that the fire station maintains lodging and rooming, business and storage occupancies.  Further, the Board was advised and finds that this facility shall be fully sprinklered, at the direction and to the satisfaction of the Warwick Fire Marshal's office.
The Board was further advised and finds that the wall between the emergency operation center and the apparatus room is at least a two-hour fire wall that has two (2) windows overlooking the apparatus room.  The Board further finds that the windows potentially compromise the rating of the wall.  The Board was further advised and finds that after the building is sprinklered, the required rating of the wall would only be one (1) hour.  The Board was further advised and finds that the windows are non-operable quarter inch glass and that the Applicant shall provide double sprinkler heads on both sides in order to protect the glass.  It is the understanding of the Board that all other fire code deficiencies within this facility 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance from the provisions of section 6.1.14.4.1 and its referenced standards in order to allow the Applicant to maintain the cited non-operable quarter inch glass windows in the fire wall of this facility which separates the emergency operations center and the apparatus room.  In granting this variance, the Board directs the Applicant to provide additional double sprinkler coverage on both sides of the cited glass windows, at the direction and to the satisfaction of the Warwick Fire Marshal's office in order to further protect this opening.  The above project shall be completed at the direction and to the satisfaction and within a timetable established by the Warwick 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)].