The above-captioned case was scheduled for hearing on September 28, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Coutu, Burlingame, Newbrook, Pearson, O’Connell and Preiss were present.  The fire service was represented by Chief Deputy State Fire Marshal Richard James of the State Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the September 28, 2004 hearing on this matter, the Board was advised and finds that the Applicant was seeking a variance from the provisions of Section 7.10.1.9 of the Life Safety Code which provides that the bottom of new egress markings shall be located at a vertical distance of no more than eighty inches (80”) above the top edge of the egress opening.  Specifically, the Applicant requested that the egress markings on five out of the sixteen total egress openings in the Rhode Island Convention Center ballroom be allowed to rest at least 100 inches (100”) above the top edge of the opening.  The Board was further advised that during conventions the Applicant sets up large cloth “barriers” which may make the exit signs difficult to see unless they were raised to 100 inches above the egress doors.  The Board was further advised and finds that this would occur only in Ballroom A and that the State Fire Marshal’s office had no objection.
	
CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby grants a variance from the provisions of section 7.10.1.9 in order to allow the Applicant to maintain exit markings at a height of no more than one hundred inches (100”) above the top edge of the egress opening in Ballroom A of this facility.  In granting this variance, it is the understanding of the Board that the State Fire Marshal’s office has no objection.

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 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. (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 Board’s 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 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 [R.I.G.L. 42-35-15(c)].