The above-captioned case was scheduled for hearing on January 26, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro and Preiss were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board hereby adopts its original findings of fact in file number 060932 as its initial findings of fact in this case.  In addition, pursuant to the documentation submitted by the State Fire Marshal's office along with testimony taken during the January 26, 2010 hearing, the Board makes the following findings of fact.  The Board finds that the Applicant wishes to create a new working space in the are not currently utilized by the DMV operations.  The Board further finds that this area will have eighteen (18) to twenty (20) teller positions, with the current area that is used now for all operations to be used as a large waiting area.  The Board further finds that the new design brings all of the people currently in the waiting area (next to the exits) into the center area of the building (away from the exits).  
The Board finds that the maximum measurement of travel distance for this facility is three hundred (300) feet.  The Board finds that that the three-hundred feet maximum is with full sprinkler and fire alarm coverage that the Board understands is in place in this facility currently.  The Board finds that the Applicants plan would provide the nearest door with a travel distance of approximately three hundred five (305) feet.  It is the understanding of the Board that the Applicant has requested to be allowed to maintain this temporary arrangement in this fully sprinklered and alarmed facility until the planned movement of the entire operation in August or September of 2010.
Finally, it is the understanding of the Board that all other 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 the Applicant a time variance until September 30, 2010 in which to allow the Applicant to maintain temporary occupancy of this facility with the above outlined travel distance arrangement.  In granting this relief, it is the understanding of the Board that the Applicant has corrected all other deficiencies within this facility and that the Applicant is planning to vacate this facility prior to the above deadline.  Finally, the Board notes that the Applicant has advised it that they shall not allow additional staff to occupy this facility during the above time periods.

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)].