The above-captioned case was scheduled for hearing on November 28, 2006 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson and Filippi 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 Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Preiss abstaining.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 7, 2006 inspection report compiled by the Little Compton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Little Compton Fire Marshals Office during the November 28, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the July 7, 2006 inspection report as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the November 28, 2006 hearing on this matter, the Board was advised that this facility currently has a new local fire alarm system but this system lacks municipal connection.  The Board was further advised that the Little Compton Fire Marshal's office had no objection to granting relief from municipal connection provided that the facility remains privately occupied.  In the event that the facility becomes open to the public in the future, the Applicant will be required to comply with the fire alarm requirements in effect at that time.  The Board notes that currently such a facility open to the public would be required to provide municipal connection.
	2.  The Board hereby grants a variance from the provisions of section 42.2.9 in order to allow the Applicant not to provide this facility with emergency lighting provided that it is maintained for the current, private use.  Again, if the facility becomes open to the public, the Applicant shall be required to comply with all codes in effect at that time.
	3.  While the Board recommends that the Applicant install approved exit signs, the Board shall still grant the Applicant a variance from installing these signs as long as this facility is utilized for private use.  Again, as outlined in items 1 and 2 above, if the facility becomes open to the public in the future, the Applicant shall be required to upgrade the facility in accordance with the then current regulations.
	4.  The Board hereby grants a variance from the provisions of section 42.2.5 in order to allow the Applicant to maintain the existing sliding-type doors, travel distances and common paths of travel in this privately owned and occupied facility.  Again, if the Applicant opens this facility to the public, the Applicant shall be required to comply with the fire codes covering this facility in effect at that time.  In granting the above relief, the Board notes that the Applicant is providing fire protection cisterns for water supply.  The Board would also recommend that the Applicant consider tying the fire alarm system into a central station in order to provide at least some notification to the fire department.  Again, the Little Compton Fire Marshal's office has no objection to the above variances in this privately owned and occupied facility as long as it remains private and not open to the public.

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)].