The above-captioned case was scheduled for hearing on February 17, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners O’Connell, Newbrook, Burlingame, Coutu, Preiss, Wahlberg and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Jasper of the Johnston Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Wahlberg and O’Connell and over the abstention vote of Commissioner Evans.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a February 7, 2004 informal plan review report compiled by the Johnston Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Johnston Fire Marshal’s Office during the February 17, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the February 7, 2004 informal plan review 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 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 from the provisions of section 2.4.3 of NFPA 32 in order to allow the Applicant to maintain the boiler room of this facility in a two-hour enclosure having a two-hour fire rated steel door in masonry.  In granting this variance, the Board notes that the Applicant only utilizes non-flammable materials in conducting its dry cleaning operation, and the dry cleaning machine is located approximately fifty (50) feet away from the boiler room of this facility.

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)].