The above captioned case was scheduled for hearing on February 25, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Newbrook, Richard, Evans, Burlingame, Coutu, Pearson, Preiss, Wahlberg and OConnell were present.  The fire service was not directly represented.  However, Assistant Deputy State Fire Marshal David Littlefield of the Middletown Fire Marshals Office advised the Board by telephone that he had no objection to the requested relief.  A motion was made by Commissioner Filippi and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 27, 2003 letter from the Applicant to the Fire Board outlining its requested relief.  The above letter was utilized by the Board and the Applicant during the February 25, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 27, 2003 letter as its initial findings of fact.  Any modification of the Boards findings such as correction of a deficiency shall be noted herein.
	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 is defined in Section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.	The Board hereby grants a variance from the provisions of Section 23-28.25-5(h)(1) in order to allow the fire alarm and sprinkler zones to be extended within this facility to 40,000 square feet.  In granting this variance, the Board notes that the 40,000 square feet is the maximum area allowed for the Home Depot sprinkler system based on Section 5-2 of the 1999 edition of the National Fire Protection Association Standard 13.  The Board further notes that the system areas of 40,000 square feet would allow for the Applicant to maintain three (3) sprinkler risers instead of six (6) sprinkler risers.  Finally, the Board notes that a comparable variance was previously granted to the Applicant for their facilities in the City of Providence and the Town of Johnston.
	2.	The Board hereby grants a variance in order to allow the Applicant to utilize NFPA Standard 13, 1999 edition in the development of the sprinkler system of this facility.  In granting this variance, the Board notes that the current code would require the use of NFPA 13, 1996 edition and that the 1999 edition is simply an upgrade of this standard.
	3.	The Board hereby grants the Applicant a variance from the provisions of the 1995 edition of NFPA Standard 430 in order to allow the Applicant to utilize the 2000 edition of NFPA 430 covering the protection of oxidizers.  The Board further notes that this relief was granted to the Applicant in both the Providence and Johnston facilities.
	4.	As an alternative to the coverage of trash compactor sheets, the Board hereby grants a variance from the provisions of Section 5-13.5 of the 1999 edition of NFPA 13 in order to allow the Applicant to provide a one (1) hour self-closing door on the interior wall of the receiving area of the Home Depot where the trash shoot is connected and to further sprinkler with a one by one foot metal heat collector installed three (3) feet above the trash shoot door.  This variance is granted pursuant to the Applicants experience with broken sprinkler heads in the trash shoots.  Finally, it is granted pursuant to the understanding of the Board that the Middletown 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.  
	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.  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.  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.  
	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)].