The above-captioned case was scheduled for hearing by a subcommittee of the Board on August 9, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Commissioners Blackburn and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshal's office.  The subcommittee recommendations were reviewed by the full Board on August 22, 2006 and approved pursuant to a motion made by Commissioner Newbrook and a second by Commissioner Pearson.  Accordingly, the subcommittee recommendations now have the status of a full Board decision.  
FINDINGS OF FACT
	The Board finds that this facility has come before it pursuant to a plan review conducted by the Tiverton Fire Marshal's office.  Specifically, the Applicant planned to expand his existing dentist office to the second floor, which was previously used as an apartment.  The Applicant has proposed to change the second floor to include two (2) examination rooms, office space, a bathroom and a break room.  It is the further understanding and finding of the Board that maximum occupancy of the second floor would be eight (8) people.  The Board further understands that there shall remain one (1) entrance and egress from the second floor which is an interior staircase that leads to the first floor foyer area.  It is the further understanding of the Board that the Applicant has an existing emergency means of egress through a fire escape from the second floor.  Finally, the Board finds that the Applicant has provided this facility with approved fire alarm coverage, emergency lights and exit signage, at the direction and to the satisfaction of the Tiverton Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant not to maintain two (2) separate exits from the second floor of this facility.  In granting this relief, it is the understanding of the Board that the single means of egress is allowed by the Rhode Island Building Code, section 1014.1.  In granting this relief, the Board directs the Applicant to provide a smoke separation door, at the direction and to the satisfaction of the Tiverton Fire Marshal's office in order to provide limited separation of the stairway servicing this facility.  The above door may further be held open with an approved magnetic hold-open device attached to the fire alarm system, at the direction and to the satisfaction of the Tiverton 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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].