The above-captioned case was scheduled for hearing on April 24, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Richard, Blackburn, Newbrook, Preiss, Pearson 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 Blackburn and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	The Board finds that this facility was formerly the Macys building at the Warwick Mall.  The Board also finds that the Applicant has leased the first floor of this facility and has separated if from the second floor.  The Board finds that the Applicant wishes to calculate the second floor of this facility based on sixty (60) square feet per person under the International Building Code as opposed to thirty (30) square feet per person under the State Fire Code.  In making this request, the Board has been advised that at thirty (30) square feet per person the proposed occupancy would be approximately 2,730 people.  The Board was further advised that the potential tenant is a Sports Authority, and would never have occupancy of this size.  The Board was further advised that at thirty (30) square feet per person, the egress width requirements provide for an extremely large additional egress stair which would also eliminate available parking spaces within this complex.  In light of the fact that the building code would allow calculation of sixty (60) square feet per person it is the understanding of the Board that the Warwick Fire Marshals Office has no objection.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance in order to allow the Applicant to calculate the tenant occupancy for the second level of this facility at sixty (60) square feet in accordance with the International Building Code requirements allowed under a sprinklered building.  In granting this variance to allow the calculation to be based on sixty (60) square feet per person, it is the understanding of the Board that the Warwick Fire Marshals Office has no objection.

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)].