The above captioned case was scheduled for hearing on September 10, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, OConnell, Newbrook, Filippi, Preiss, Coutu and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  This motion was unanimous.

FINDINGS OF FACT
	This matter was originally scheduled for hearing on August 20, 2002.  At that time, the Board was advised that the Applicant sought relief from the decorative and acoustical materials provisions from the place of assembly occupancy.  Specifically, the Applicant did not have documentation establishing the rating and/or flame spread of the decorative brick found within the egress system of this facility.   The hearing was thereupon adjourned to September 10, 2002 during which time the Applicant was to work with the State Fire Marshals Office in determining whether relief was necessary.  During the September 10, 2002 hearing on this matter, the Applicant and the State Fire Marshals representative appeared with a sample of the material in question.  While the Applicant was unable to provide documentation, it was the opinion of the Board that this material was in fact non-combustible and that it would provide an acceptable flame spread rating within the egress system of this facility.  Accordingly, the Board voted to grant the Applicant relief as outlined herein.  Finally, it is the understanding of the Board that all other fire code deficiencies have been corrected by the Applicant to the satisfaction of the State Fire Marshal.
	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 23-28.6-15 in order to allow the Applicant to maintain the existing flame spread rating of the cited brick veneer material installed in this place of assembly.

	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)].