The above-captioned case was scheduled for hearing on February 13, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook, Preiss, and OConnell 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 Newbrook and seconded by Commissioner OConnell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby adopts the January 24, 2007 plan review letter from the Warwick Fire Marshals Office as its initial findings of fact in this case.  Specifically, the Board finds that this facility is a two-story wood frame office building that is occupied on each level as well as the basement.  The Board further finds that the basement is occupied by the same company as the first floor and has two exits.  The Board further finds that a different company occupies the second floor.  The Board further finds that upper and lower levels share a second means of egress that empties on the first floor tenant space.  The occupant load of each level is set at a maximum of fifteen people.  The Board further finds this facility is fully alarmed with a local fire alarm system.
	The Board finds that the Applicant has just purchased this facility and was advised that the current code requires independent egress which may require the blocking of existing shared egress.  The Board further finds that this facility maintains two means of egress from the first floor to the outside and that the basement maintains one independent means of egress to the outside along with one shared egress, and the Applicant wishes to maintain the existing current exit configuration.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.
	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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance in order to allow the Applicant to maintain the current emergency exit configuration of this facility at the direction and to the satisfaction of the Warwick Fire Marshals Office.  The Board notes that this variance shall be limited to the current owner of this facility and the current use of this facility.  In the event the ownership changes, the new owner is directed to immediately contact the Warwick Fire Marshals Office to determine whether additional relief is necessary.

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)].