The above-captioned case was scheduled for hearing on January 17, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Burlingame, Pearson, Richard and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Francis Dunton of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board finds that the Applicant currently maintains a thirty-six (36) inch wide concrete stairway in close proximity to its loading dock.  The Board further finds that truckers loading and unloading goods from this facility continually back into these stairs.  The Board further finds that the damage was so extensive that the stairs had to be replaced.  It is the understanding of the Board that the Applicant is requesting a variance to reduce the size of the stairs by six (6) inches in order to avoid future collision with the trucks.  It is the further understanding of the Board that the Applicant maintains approximately seven (7) other exits from this facility. 

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicants request to install thirty (30) inch stairs in replacement of the current concrete stairs in the area of the loading dock of this facility.  In granting this variance, the Board notes that the Applicant has approximately seven (7) other exits from this facility.  The Board further directs the Applicant, as a condition of this variance, to maintain bollards within this area, at the direction and to the satisfaction of the Woonsocket Fire Marshals office.

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)].