The above captioned case was scheduled for hearing on September l8, 2001 at l:30 p.m.  At that time, Chairman Farrell and Commissioners Richard, Newbrook, Coutu, Pearson, O’Connell and Burlingame were present.  The fire service was represented by, Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
The numbers of the Decision below correspond with those of a May l7, 2001 inspection report compiled by the East Greenwich Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshal’s Office, during the September l8, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the May l7, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s 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 is defined in Section 23-28.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance from the provisions of Section 23-28.l7-3(b) in order to allow the Applicant to maintain the existing egress from this facility in conjunction with a proposed three (3) storied stair tower installed at the direction and to the satisfaction of the East Greenwich Fire Marshal’s Office.

2.	The Board hereby grants a variance from the provisions of Section 2-28.l7-4(a) in order to allow the Applicant to maintain the existing construction and rating of the cited stairways within this facility.  In granting this variance, the Board notes that the Applicant shall provide this facility with an approved fire alarm system as outlined in item #6 below.

3.	The Board hereby grants a variance from the provisions of Section 23-28.l7-3(c) in order to allow the Applicant to maintain the existing construction and rating of the cited interior corridors of this facility.  In granting this variance, the Board notes that the Applicant shall provide this facility with an approved fire alarm system as outlined in item #6 below.

4.	The Board hereby grants a variance from the provisions of Section 23-28.l7-5(a) in order to allow the Applicant to maintain the existing swing of the cited egress doors of this facility.  In granting this variance, the Board directs the Applicant to properly swing any newly installed door at the direction and to the satisfaction of the East Greenwich Fire Marshal and in the direction of exit travel.

5.	The Board hereby directs the Applicant to correct deficiency #5 by providing this facility with approved fire stopping, installed at the direction and to the satisfaction of the East Greenwich Fire Marshal, prior to occupancy of the new addition.

6.	As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the East Greenwich Fire Marshal’s Office, in accordance with the provisions of Section 23-28.25-4(a), prior to occupancy of the new addition.

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.

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.  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.  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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.

	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.  [RIGL 42-35-l5(c)]