The above-captioned case was scheduled for hearing on January 5, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Jasparro, Preiss, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshals Donald Medeiros and Randy Watt of the Little Compton Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the January 5, 2010 hearing on this matter, the Board had before it a June 12, 2007 letter from Hughes Associates outlining the technical nature of the requested relief.  The June 12, 2007 letter was utilized by the Board, the Applicant and the Little Compton Fire Marshals Office during the January 5, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the June 12, 2007 letter as its initial findings of fact.  The Board further finds that a sprinkler fire pump for this facility is located in the mechanical room which is one-hour rated and fully sprinklered.  The Board further finds that due to apparent space and property line restrictions, the fire pump for this facility was not separately located.  The Board further finds, based upon the engineers testimony that the moving of this fire pump could create suction problems which would adversely impact upon the reliability of the sprinkler system protecting this facility.
	The Board further finds that, after an extensive review of the water source supplying this fire pump, the Applicants engineer has certified the water source as being in apparent compliance with NFPA 20.  However, the Board notes that the initial system and water source were approved by another engineer who was unavailable to attend this hearing.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of NFPA Standard 20 section 2-7.1.1 in order to allow the indoor fire pump to maintain its current separation from other areas of the building.  As a condition of this variance, the Board directs the Applicant to provide certification by a Rhode Island engineer that all of the fire pump equipment has been installed in accordance with manufacturers specifications.  In light of the above, it is the understanding of the Board that the Little Compton Fire Marshals Office has no objection to the requested relief.

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)].