The above-captioned case was scheduled for hearing on May 11, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Coutu, Burlingame and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Alexander Galinelli of the Warren Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to allow the Applicant to provide this facility with an approved local fire alarm system.  The motion passed over the opposition vote of Commissioner Burlingame.  A second motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to allow the Applicant to provide the egress system with approved sprinkler coverage if so approved by the Rehabilitation Board.  This motion was unanimous.

FINDINGS OF FACT
	
During the April 30, 2004 hearing on this matter, the Board was advised that this facility is a post and beam, gable roofed wooden structure local in the historic district of the town of Warren.  The Board was further advised that this building was also located in a flood zone.  The originally three (3) story portion of the building measures approximately thirty (30) feet x fifty (50) feet and there is a two (2) story addition measuring approximately eighteen (18) x thirty five (35) for a total gross square footage  approximately 5300 square feet.
	
The Board further finds that the basement of this facility has a sheet rock room with approximately 100 square feet with a six (6) inch elevated floor.  It is the understanding and finding of the Board that this area shall house the heating system for the facility.
	
The Board was further advised and finds that the first floor of this facility has been designated for a business use and the second floor shall consist of two (2) apartments with a common hallway.  The Board further finds that the third floor shall be designated a studio apartment and activity room.  In light of the limited business use of this building on the first, the Applicant is seeking relief in order to provide local fire alarm coverage and limited sprinkler coverage.  It is the understanding of the Board that all other fire code deficiencies in this facility shall be corrected by the Applicant before occupancy.

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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance in order to allow the Applicant to provide this facility with an approved local fire alarm system installed at the direction and to the satisfaction of the Warren Fire Marshal’s Office in conjunction with the limited sprinkler coverage system outlined below.
	
2. During the May 11, 2004 hearing on this matter, the Board was advised that the Applicant seeks permission from the Rehabilitation Board to install an approved sprinkler system covering the egress passageways and stairways of this facility.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to provide the building with such a system on condition that it is specifically defined by,  and approved by, the Rehabilitation Board.  Accordingly, any such system approved by the Rehabilitation Board shall be deemed approved by the State Fire Board.

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)].