The above-captioned case was scheduled for hearing on December 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Preiss, Pearson, Filippi and Richard were present.  Commissioners Blackburn and Burlingame recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	The Board finds that the Applicant has constructed a new one-story building of unprotected non-combustible construction covering an approximate area of 15, 042 gross square feet.  The Board further finds that the building will be sprinklered throughout and protected by a municipally connected fire alarm system.  The Board further finds that in addition to the proposed building, the Applicant has proposed a docking facility that is a combination of fixed pier and floating dock, to be located adjacent to an existing 1,125 square foot boat house on site.
	The Board further finds that on June 6, 2004, the Providence Fire Marshal's office advised the Applicant that the plans for the main facility appeared to be in compliance.  However, the Providence Plan Review officer advised the Applicant that plans had not been submitted for the future boat house or dock and that the June 6, 2004 plan review did not include the proposed boat house or dock.  Finally, the Board finds that the Providence Plan Review officer specifically advised the Applicant in the June 6, 2004 letter that he should plan for the water supply and fire hydrant locations to service the future dock in order to avoid unnecessary expense and destructive excavation in the future.
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants a variance from the provisions of section 11.5.2 in order to allow the Applicant to maintain the existing egress from the dock of this facility.  In granting this variance, it is the understanding of the Board that the Providence Fire Marshal's office has no objection.
	2.  The Board hereby directs the Applicant to correct all remaining deficiencies relating to the dock at the direction and to the satisfaction of the Providence Fire Marshals office in accordance with NFPA 303 and its referenced standards.  Specifically, the Applicant shall provide the dock with an approved fire hydrant and an approved FDC located in accordance with NFPA 303 to the satisfaction of the Providence 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 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)].