The above-captioned case was scheduled for hearing on February 6, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Newbrook, Preiss, Filippi, OConnell and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Potter of the Warwick Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that this was an existing business building with change of ownership.  The Board further finds that egress is shared by two levels of the facility.  The Board further finds that there is a maximum of ten (10) occupants in the building with one occupant on the lower level.  The Board further finds that this building has a local fire alarm system and emergency windows.  The Applicant is requesting a variance for the means of egress from the suite and lower level of the building which now exits through a fire rated corridor and stairway to a common first floor foyer that discharges directly to the exterior.  The Board further finds that the total distance for exit travel is 52 feet from the suites exit door to the buildings foyer exit door.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of section 39.2.4.4.(1), in order to allow the Applicant to maintain a single means of egress from the lower level of this facility pursuant to the following conditions.  As a condition of this variance, the Board directs the Applicant to either modify the lower level window to provide emergency means of escape satisfactory to the Warwick Fire Marshals Office, or to provide domestically supplied sprinkler heads within the egress system at the direction and to the satisfaction of the Warwick Fire Marshals Office.  The Applicant shall have a time variance of 120 days from the date of this decision in which to exercise one of these above options as a condition of the above variance.

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)].