The above-captioned case was scheduled for hearing on January 23, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Vespia of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Burlingame and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	It is the understanding and finding of the Board that the Applicant proposes to construct a one-story high structure approximately fifty plus or minus feet in height from grade at the ridge.  It is the further understanding of the Board that three (3) sides of the building shall be enclosed and that one (1) side shall be completely open.
	It is the further finding of the Board that the proposed use of the building will be for the storage of brown aluminum oxide, a low hazard storage (S-2) use group as defined by the Rhode Island State Building code based on the 2003 edition of the International Building Code and the material safety data sheet covering this product.
	It is the further finding of the Board that the proposed type of construction is classified as a Type II (000) or IIB with a flame resistant membrane weather barrier for a roof cover in between a series of prefabricated steel arches connected in the field with tubular spaces and diagonal bracing.  It is the further finding of the Board that the foundation of this building consists of stacked, interlocked pre-cast two foot by two foot by eight foot concrete blocks that support the steel arches.  Finally, it is the finding and direction of the Board that there should be no occupancy of this facility except for the low hazard storage described above and that there shall be no electricity or outside heating provided for this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby confirms that the above captioned facility would meet the exemption for fire alarm coverage found in section 13.8.9.9.3.4 in that this is a non-combustible building of IIB construction with no electricity and no heat.  Pursuant to the engineers determination and presentation to the Board that the membrane of this facility does not eliminate the non-combustible construction classification for the building, the Board confirms that this facility would not be required to be alarmed under the above exception to the alarm provisions of the code.

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)].