The above captioned case was scheduled for hearing on October 8, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Burlingame and Pearson were present.  The fire service was represented by John Jasper on behalf of the Johnston Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the October 8, 2002 hearing on this matter, the Board was advised that the Applicant sought to construct a new Home Depot facility at the intersections of Rte. 5 and Interstate 295.  The Board was further advised that the Applicant would bring this facility into compliance with the Life Safety Code.  However, the Applicant requested the preliminary relief as outlined below for the reasons outlined below.  The representative of the Johnston Fire Marshals Office advised the Board that he had no objection to the requested relief provided it was approved by the Board.
	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)(l) in order to allow the Applicant to extend the maximum zone areas of a sprinkler system in this facility from 20,000 square feet to 40,000 square feet.  This request is being made pursuant to the open nature of the proposed facility.  The Board was further advised that a sprinkler system would be designed to protect racked storage of plastic items of up to twenty (20) feet high.
2.	The Board hereby grants a variance from the provisions of the 1997 edition of NFPA 1 in order to allow the Applicant to utilize the 1999 edition of NFPA 13 in the design of the sprinkler system for this facility.
3.	The Board hereby grants a variance from the provisions of NFPA 430, 1995 edition in order to allow the Applicant to design this facility pursuant to NFPA 430, 2000 edition.  In granting this variance, the Board notes that the Applicant may utilize the outdoor portion of this facility to display and sell oxidizers.  The Applicant has further advised the Board that the amount of product would be limited to less than 250 gallons of oxidizers with only approximately 70 gallons of Class II.  The oxidizers would be placed exclusively in the garden center under a canopy and prior to their introduction into this facility, the Johnston Fire Marshals Office would be advised and the Applicant would comply with any additional safeguards recommended by the Johnston Fire Marshal.
4.	The Board hereby grants a variance from the provisions of Section 5-13.5 of the 1999 edition of NFPA 13, in order to not provide a sprinkler head in the trash compactor shoot of the proposed facility.  In granting this variance, the Board directs the Applicant to utilize the proposed alternative method of providing a one (1) hour rated self-closing door installed on the interior wall of the receiving area where the trash shoot is connected.  The Board further directs the Applicant to provide a metal heat collector installed three (3) feet above the trash shoot door on the sprinkler system of this facility.  This variance is based upon the Home Depots experience of having sprinkler heads within the trash shoots broken by accident.  As a condition of this and other variances granted herein, the Board directs the Applicant to work closely with the Johnston Fire Marshals Office and provide them with all information requested during the plan review and prior to the introduction to any hazards within this facility.  

	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)].