The above captioned case was previously scheduled for hearing before the Board and a Decision was rendered on July 9, 2001.  In accordance with that Decision, the file remained open until a final certificate of occupancy was issued.  The above captioned case was thereupon scheduled for hearing on November 20, 2001 at l:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Richard and Filippi were present.   The fire service was represented by State Fire Marshal Irving J. Owens of the State Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT
	
During the November 20, 2001 hearing on this matter, the Board was advised that, due to the relatively small floor area of the structure, and the fact that all areas of the floor can be reached by a l00 foot hose and a 30 foot hose stream, the Applicant was requesting relief in order to utilize a single standpipe within this facility.  The Applicant further advised the Board that this matter had been reviewed with Deputy State Fire Marshal George Hoyle whom the Applicant believed had no objection.  Upon subsequent review by Fire Marshal Irving J. Owens, the State Fire Marshal’s Office advised the Board that there was indeed no objection to the variance request.

	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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance in order to allow the Applicant to maintain a single standpipe within this facility.  This variance is granted pursuant to the Applicant’s representation that all areas of each floor could be reached by a l00 foot hose and a 30 foot hose stream.  Finally, it is the understanding of the Board that the State Fire Marshal’s Office has no objection.

This file shall remain open until the issuance of a final certificate of occupancy.

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 Applicant’s 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 Board’s Decision, shall void all variances granted under the above-cited use or occupancy.  If such changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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 Board’s Decision within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal within the Sixth Division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision.  [RIGL 42-35-l5(c)]