The above captioned case was scheduled for hearing on June 18, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Evans, Filippi, Coutu, Pearson, Preiss, Burlingame, Wahlberg, and Newbrook were present.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the June 18, 2002 hearing on this matter, the Board was advised and finds that the Applicant has provided wall carpet in the corridors of this facility.  Specifically, approximately thirty (30) inches of carpet shall be installed on the lower portion of the corridor walls, but not in the main corridor.  The Applicant advised the Board that the owner of the project wishes to install wall carpet because of the high use of the wheelchairs projected to be used and to eliminate unsightly damage to the drywall construction.  The Board was further advised that the owner has used wall carpet on other projects and has been extremely satisfied with the protection the wall carpet provides.  The Board is further advised that the installation of Class A carpet is allowed in sprinklered buildings.  However, the Applicant is proposing the use of Class II carpet which is the same carpet being installed on the corridor floors.  The Applicants request is generated pursuant to the Boards understanding that the Applicant cannot obtain a carpet with a Class A rating because tunnel testing of carpeting to be used on walls is no longer available.  It is the understanding of the Board that all other fire code deficiencies shall be corrected by the Applicant.  
	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 23-28.16-14 and Sections 6-5.3.1.1 and 18-3.3.2 in order to allow the Applicant to install the same Class II carpeting, which shall be utilized on the corridor floors of this facility, on the corridor walls as outlined in the submitted plans.  In granting this variance, it is the understanding of the Board that the tunnel test for wall carpeting has not been conducted for approximately eight (8) years and this facility is fully sprinklered and fully alarmed.  Finally, it is the understanding of the Board that the wall carpet shall be ran to the underside of the handrail at approximately 29  inches high.

	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)].