The above-captioned case was scheduled for hearing on July 25, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Preiss, Newbrook and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Harry Hallgring of the Little Compton Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Richard abstaining.
FINDINGS OF FACT
	Based on the testimony and documentation before it, the Board finds that this case involves a proposed sub-division that is pending before the Planning Board of Little Compton.  The Board further finds that the owner has currently proposed to sub-divide this parcel in such a manner that the seven (7) existing lots, currently shown on Plat 14, will be expanded to nine (9) lots as shown on the sub-division plan.  
	The Board further finds that the existing access road running from the south end of Grange Avenue to the point where the road passes between tax lots 14-1 and 98, is presently ten (10) feet wide.  The Board further finds that while the owner has proposed to improve this access road and to widen it, the preliminary determination of the Coastal Resources Management Council was that the road cannot be widened beyond the current ten (10) feet because of fresh water wet lands constraints.
	The Board further finds that Chapter 18 of the Rhode Island Uniform Fire Code, Section 18.2.2.5.1.1, directs that fire department access roads shall have an unobstructed width of not less than twenty (20) feet.  The Board further finds that section 18.2.2.1.2 directs that when access roads cannot be installed due to the location on the property, topography, waterways, non-negotiable grades or other similar conditions, the AHJ is authorized to require additional fire protection.  The Board finds that the AHJ in this case, Assistant Deputy State Fire Marshal Hallgring of the Little Compton Fire Marshal's Office, has approved the Applicants plan of action for additional fire protection to compensate for the reduced width of the fire department access road.  The Board notes that certain abutters, through their attorney, have entered their objections to the granting of this relief.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby determines that when fire department access roads, as required under the provisions of Rhode Island Uniform Fire Code Chapter 18, cannot be properly installed due to the location on the property, topography, waterways, non-negotiable grades or other similar conditions, that the AHJ, in this case the Little Compton Fire Marshal and Fire Chief, is authorized to waive this requirement, and/or the specific specifications thereunder, and thereupon require additional fire protection pursuant to the provisions of section 18.2.2.1.2.  Accordingly, the Board finds that the Little Compton Fire Marshal and Fire Chief, as the AHJ, has acted within his authority under the fire code to allow for a reduction of fire lane width in consideration of additional fire protection.  The Board notes that in addition to the proposed water supply for this area, the Fire Marshal could further request interlocking traffic controls covering that portion of the road that is ten (10) feet in width.  In light of the above, the Board hereby grants a variance from the provisions of Chapter 18 of the Rhode Island Uniform Fire Code in order to allow the restricted portions of the cited roadway to maintain a ten-foot width, at the direction and to the satisfaction of the Little Compton Fire Marshal's Office.  This variance is further contingent upon the Applicants compliance with any further safeguards deemed necessary by the Little Compton 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)].