The above captioned case was scheduled for hearing on March 5, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Richard, Evans, Burlingame, Newbrook, and Coutu were present. The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Evans 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 February 22, 2001 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the March 5, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the February 22, 2001 inspection report as its initial findings of fact.

	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.	It is the understanding of the Board that the Applicant has corrected deficiencies #l and 2.

2.	See item #l above.

3.	During the March 5, 2002 hearing on this matter, the Board was advised that the Applicant plans to demolish the existing building within approximately eighteen (l8) months of that date.  Accordingly, the Applicant requested a variance for continued use of the building during this period of eighteen (l8) months.  The Applicant advised the Board that after this time a new building shall replace the existing structure.  In light of the above, the Board hereby grants the Applicant a time variance in order to allow the Applicant a time variance in order to maintain the existing egress from the existing structure until September of 2003.

4.	In light of the above-proposed demolition of this facility, the Board grants a variance from the provisions of Section 23-28.6-7 in order to allow the Applicant to maintain the existing egress passageways until September of 2003.

5.	It is the understanding of the Board that the Applicant has corrected deficiencies #5,6, and 7 to the satisfaction of the State Fire Marshal.

6&7. 	See item #5 above.

8.	In light of the proposed demolition of this facility as outlined in item #3 above, the Board grants a time variance until September of 2003 to maintain the cited decorative and acoustical material within this facility.

9.	It is the understanding of the Board that the Applicant has corrected deficiency #9 to the satisfaction of the State Fire Marshal.

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)]