The above-captioned case was scheduled for hearing on December 14, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Burlingame, Coutu, Pearson and OConnell were present.  Assistant Deputy State Fire Marshal and Chief Gerald Bessette of the Barrington Fire Marshals Office represented the fire service.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Member Burlingame.

FINDINGS OF FACT
	During the December 14, 2004 hearing on this matter, the Board was advised and finds that the Barrington Fire Marshal conducted an annual inspection of the Applicants complex on April 5, 2004.  The Board further finds that the resulting comprehensive inspection report covered several buildings that were the subject of this appeal.  Specifically, the Board finds that the Barrington Fire Marshals inspection report covered the Applicants Clubhouse, Cart Building 1, Cart Building 2, and a Maintenance Building.
	The Board takes administrative notice that, after the Station Fire, the Governor and the State Fire Marshal requested that all existing places of assembly, throughout the State, be inspected to assure the safety of the patrons of those facilities.  The Board takes further administrative notice that the Barrington Fire Marshals Office has conducted comparable inspections of other large complexes containing both existing places of assembly and other occupancies.  The Board takes further administrative notice that, as in this case, the Barrington Fire Marshals Office is working closely with the management of these other facilities, and the Board, to assure the safety of the patrons, employees, and residents without imposing unnecessary structural hardships upon the owners.  Accordingly, the Board finds that it is within this context that the review of the Applicants buildings was conducted.
	The Board further finds that the Clubhouse building was properly inspected under NFPA 1, Uniform Fire Code, 2003 edition, and NFPA 101, Life Safety Code, 2003 edition, chapter 13 for Existing Assembly Occupancies, as amended.  The Board further finds that above standards, as amended, were unanimously approved by the General Assembly and incorporated into section 23-28.1-2 of the Rhode Island General Laws, on July 7, 2003, when the Governor signed the Comprehensive Fire Safety Act of 2003.  The Board finds that the stated effective date of the above provisions was January 1, 2004, approximately three (3) months prior to the inspection of this complex on April 5, 2004. 
	The Board further finds that the Clubhouse is a two (2) story wood framed building that is partially protected by sprinklers.  The Board further finds that, at the time of the inspection, the municipally-connected fire alarm system was determined to be non-compliant.  The Board further finds that the facility is utilized as a golf clubhouse, a lounge and dining facility.
	The Board further finds that the basement of this facility consists of two main separated sections.  The first section measures approximately fifty-two feet by one hundred twelve feet (52 x 112) and is utilized as locker rooms and restrooms.  The second section measures approximately thirty-six feet by one hundred twenty-four feet (36 x 124) and is used as a storage and maintenance area.  The Board further finds that there is also a golf club storage area in the basement of the pro shop that measures approximately twenty-eight feet by fifty-five feet (28 x 55).  The Board finds that the existing sprinkler system does not extend into this golf club storage area and that it is therefore classified as non-protected.
	The Board further finds that the first floor of the clubhouse consists of five (5) sections.  The first section is a living room measuring approximately thirty-four feet by fifty feet (34 x 50).  The Board finds that the second section is a dining room measuring thirty-eight feet by fifty feet (38 x 50).  The third section is a meeting room that connects the living and dining rooms and measures sixteen feet by forty-eight (16 x 48).  The Board finds that the fourth section is a grill room with a bar that measures approximately thirty-two feet by thirty feet (32 x30).  The fifth room is a private dining room that measures approximately thirty-two feet by fifty-six feet (32 x 56).
	The Board finds that the second floor has approximately the same square footage as the first but is used as business offices, a conference room and light storage.  The Board finds that the Applicant has projected the total assembly area to be approximately seven thousand (7,000) square feet with a calculated occupant load of approximately 575.  The Board further finds that there are eight means of egress from the first floor assembly area.  However, the Board finds that not all of these means of egress qualify as approved means of egress.  Specifically, the Applicant has requested relief from the undersized door leading from the living room on the first level.
	The Board finds that Cart Building 1 is two stories in height with each floor being approximately thirty feet by forty feet (30 x 40) in area.  The Board further finds that this building has an occupant load of one or two employees.  The Board further finds that electric golf carts are stored on the first floor and that there is general storage on the second floor.  The Board further finds that this building is heated with an unenclosed furnace.  The Board further finds that exposure of the batteries, of the electric carts, to fire could create a hazardous condition for the employees who park and maintain the carts, and the firefighters who would be called upon to enter this building in the event of fire.
	The Board finds that Cart Building 2 is a single story building with an approximate area of forty-five feet by sixty feet (45 x 60).  This building is metal framed and metal clad and used solely for storage of golf carts.  The Board finds that there is no maintenance operation in this building.  However, as noted in Cart Building 1 above, the Board finds that exposure of the batteries, within the electric carts, to fire could create a hazardous condition for the employees who park and retrieve the carts, and the firefighters who would be called upon to enter this building in an emergency.
	The Board finds that there is also an eighty-four hundred (8,400) square foot Maintenance Building in this complex and that Applicant has agreed to comply with the provisions of section 41/1 of NFPA 1, 2003 edition, during all welding and other hot work operations conducted within this building.  Further, the Board finds that the Applicants Con Vault diesel fuel aboveground storage tank does not comply with section 4.3.2.7 of NFPA 30, 2003 edition, because it is not properly protected from the vehicles utilizing this complex.  Finally, the Board finds that the Applicants Liquid Petroleum Gas (LPG) storage tank does not comply with table 3.2.2.2 of NFPA 58, 2001 edition, because the minimum distance to a combustible building, from such a gas storage tank, must be at least twenty-five feet.  The Board also finds that such a gas storage tank must be erected on a concrete foundation, must be protected from vehicular traffic and from snow removal operations by snow plows.
	When this hearing commenced, the Applicant introduced his representative, Mr. McLaughlin, who, the Chairman noted, had previously appeared before the Board representing a group of apartment owners in their presentation of a plan of action relating to the implementation of the apartment provisions of the fire code.  The Applicant also presented the Board and the Barrington Fire Marshal with an amended variance request report, designated Applicants Exhibit 1.  Since the Applicants representative had never met with the Barrington Fire Marshal, and the Barrington Fire Marshal had not had an opportunity to review the report or discuss it with the Applicant, the Chairman suggested that the parties briefly adjourn to review and discuss the report.
	Upon the return of the parties and the reconvening of the December 14, 2004 hearing on this matter, the Board reviewed the April 5, 2004 inspection report with the Applicant and the Barrington Fire Marshal.  Accordingly, the numbers of the Conclusions and Variance Requests, listed below, correspond with the numbers of the April 5, 2004 inspection report.  The term approved, as used herein, shall be understood to mean, in accordance with the specific provisions related to the particular subject as are contained in this code, or as approved in particular by the state fire marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
CLUBHOUSE BUILDING:
1.	The Board hereby grants a variance, from the provisions of section 13.8.9.1.5.2, in order to allow the Applicant not to place fire alarm pull stations at all eight means of egress leading from this facility.  In granting this relief, the Board directs the Applicant to only install fire alarm pull stations at two supervised locations per section 13.8.9.1.5.3.1.  Specifically, the applicant would provide approved pull stations at the main exit adjacent to the reception room and at the exit door at the bar.  As a condition of this relief, the Board directs the Applicant to provide approved smoke detection in the second floor corridor and stairways and to further upgrade any other notification devices, on an as needed basis, at the direction and to the satisfaction of the Barrington Fire Marshals Office.  Finally, the Board hereby grants the Applicant a time variance, until July 1, 2005, to comply with the above directives agreed to by the parties.
2.	The Board hereby grants a variance from the provisions of section 7.2.1.2.4 in order to allow the Applicant to maintain the cited twenty-six inch wide double doors leading from the Living room area.  This variance is granted on the basis of structural hardship, the fact that there are several additional exits, and in the absence of an objection from the Barrington Fire Marshals Office.
3.	The Board hereby grants the Applicant a time variance, until July 1, 2005, to correct deficiency 3 by providing this facility with approved emergency lighting, throughout the building and outside each exit, at the direction and to the satisfaction of the Barrington Fire Marshals Office.
4.	The Board hereby grants the applicant a time variance, until July 1, 2005, to correct deficiency 4 by providing this facility with approved exit signage, properly marking the means of egress, at the direction and to the satisfaction of the Barrington Fire Marshals Office.
5.	The Board hereby grants the Applicant a time variance, until July 1, 2005, to correct deficiency 5 by bringing the cited stove extinguishing system, along with the system over the soup stove, into compliance, at the direction and to the satisfaction of the Barrington Fire Marshals Office.
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 by removing the cited carpet material and further providing the Barrington Fire Marshal with documentation certifying the flame spread finish of the cited interior walls.
7.	During the December 14, 2004 hearing on this matter, a question arose as to whether sprinkler coverage would be required in the Pro-Shop and/or the golf bag storage area in the basement of the Pro-Shop.  Specifically, the first issue would be whether this sprinkler coverage would be necessary to have the building considered fully sprinklered under the fire code.  The second issue would be whether the existing separation, of the main building from these areas, would be considered approved or maintain a two (2) hour fire rating.
The Chairman offered to leave the file open to allow the parties to review the matter and return, if necessary, with a plan of action or a request for relief.  This is offered traditionally in order to allow the Applicant an opportunity to request additional relief without having to pay an additional filing fee.  However, the Applicant advised the Board that he would prefer to address this issue separately with the Barrington Fire Marshal and, if necessary, apply for relief, under a separate file number, in the future.  I n deference to the Applicants request, the Chairman withdrew his offer and shall allow the parties to review this outstanding issue at the conclusion of this case.
CART BUILDING 1:
1.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited dimensional criteria of the stairs to the second floor.
2.	The Board hereby grants the Applicant a time variance, until July 1, 2005, to correct deficiency 2 by providing Cart Building 1 with approved emergency lighting, at the direction and to the satisfaction of the Barrington Fire Marshals Office.
3.	(Means of Egress)  With regard to the first item 3 listed on the April 5, 2004 inspection report, the Board hereby grants the applicant a time variance, until July 1, 2005, to correct the first deficiency 3 by providing Cart Building 1 with approved exit signage, at the direction and to the satisfaction of the Barrington Fire Marshals Office.
(Interior wall and ceiling finish)  With regard to the second item 3, on the inspection report, the board hereby grants a variance in order to allow the Applicant to maintain the existing interior wall and ceiling finish of this facility provided that the Applicant protects this facility with an approved fire alarm system as outlined under the options listed of item 6 below.
4.	The Board hereby grants the Applicant a time variance, until July 1, 2005, to correct deficiency 4, by providing Cart Building 1 with approved exit signage, at the direction and to the satisfaction of the Barrington Fire Marshals Office.
5.	The Board hereby directs that Applicant to correct deficiency 5 by removing all combustible storage from the area around the heating boiler and to further maintain this area free of combustible storage.
6.	During the December 14, 2004 hearing on this matter, it was noted that Cart Building 1 is a storage building that is not occupied on a regular basis.  It was further noted that, in accordance with section 13.8.9.9.3.1 of the Rhode Island Fire Code, a local, or non-municipally connected, fire alarm system is required in all storage buildings having more than two thousand (2,000) square feet, or more than one story above grade.  Because this building was a two-story structure, it requires a local fire alarm system under the above provisions.
By way of background, the Board takes administrative notice of the fact that, in 1976, the General Assembly required such a local fire alarm system in all such storage buildings regardless of square footage or height.  (See RIGL 23-28.17-14).  This statutory requirement was subsequently repealed once the Board adopted the above regulations, allowing for more flexibility with the fire alarm requirements for storage buildings.  The Board further notes that the General Assembly and the Governor, in adopting the Comprehensive Fire Safety Act of 2003, provided the public with approximately two (2) years to bring non-alarmed buildings into compliance with the fire alarm provisions of the fire code.  Specifically, RIGL 23-28.25-1 states:
	All buildings and facilities covered under the Fire Safety Code and all codes adopted pursuant to the Fire Safety Code, shall be equipped with an approved fire alarm system installed and maintained in accordance with this chapter and any updated fire alarm regulations adopted by the Fire Safety Code Board of Appeal & Review.  Any building that is not a place of assembly, that is required to be equipped with a fire alarm system pursuant to the Rhode Island Fire Safety Code, shall be so equipped on or before July 1, 2005.

	During the hearing it was noted that this storage building, as currently configured, clearly required a local fire alarm system.  The Board notes that early detection protects the occupants from harm by allowing the rapid evacuation of the building.  It further protects the buildings contents by allowing the fire to be addressed during its very early stages rather than at a point when it cannot be effectively controlled.  Finally, an alarm system generally allows for quicker response by management in the notification of the fire department that, in turn, reduces the risk of substantial injury, or death, to any responding firefighter(s).
	The Board hereby grants the Applicant the option of either complying with the code by providing this building with a local fire alarm system on or before July 1, 2005, or by substantially complying with the code by reducing the potential hazard posed by this building to firefighters by abandoning the use of the second floor and sealing it off at the direction and to the satisfaction of the Barrington Fire Marshals Office by July 1, 2005.


CART BUILDING 2
1.	The Board hereby grants the Applicant a time variance, until July 1, 2005, to correct deficiency 1 by providing Cart Building 2 with approved emergency lighting, at the direction and to the satisfaction of the Barrington Fire Marshals Office.
2.	The Board hereby grants the applicant a time variance, until July 1, 2005, to correct deficiency 2 by providing Cart Building 2 with approved exit signage installed at the direction and to the satisfaction of the Barrington Fire Marshals Office.
3.	As outlined in the above fire alarm discussion, found in item 6 of Cart Building 1, the Board finds that the mandated fire alarm system, for Cart Building 2, is necessary for the protection of the people taking golf carts in and out of this building, the carts themselves, and for any firefighters who may be required to enter the building in a fire situation.  Accordingly, the Board hereby directs the Applicant to install the mandated fire alarm system on or before the statutory deadline of July 1, 2005.  The Board notes that, unlike the reduction of hazard, proposed by the Applicants representative in item 6 of Cart Building 1 above, there was no comparable plan presented for alternative compliance in this case.
MAINTENANCE BUILDING
1.	The Board notes that the Applicant has agreed to comply with the provisions of Chapter 41 of NFPA when performing all welding, cutting and other hot work operations in the maintenance building.
GENERAL DISCREPENCIES
1.	The Board hereby directs the Applicant to correct deficiency 1 by properly protecting the Com Vault diesel above-ground tank from vehicular traffic, by installing approved bollards and the other safety features, outlined in NFPA 30, 2003 edition, at the direction and to the satisfaction of the Barrington Fire Marshals Office on or before July 1, 2005.
2.	The Board hereby grants a variance in order to allow the Applicant, pursuant to the conditions outlined below, to maintain the existing distance from the 1,000 Gallon LPG storage tank to the nearest combustible building.  As a condition of this variance, the Board hereby directs the Applicant to assure that the above tank is installed upon a proper concrete footing, in accordance with NFPA 58, at the direction and to the satisfaction of the Barrington Fire Marshals Office and to further install approved bollards, protecting the tank, at the direction and to the satisfaction of the Barrington Fire Marshals Office, on or before July 1, 2005.

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)].