The above captioned case was previously before the Board and a Decision was issued in File No. 010166.  The current case was scheduled for hearing on January 7, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Richard, Pearson, Coutu, Preiss, Wahlberg, and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Wahlberg 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 an October 16, 2001 plan review report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the January 7, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the October 16, 2001 plan review report as its initial findings of fact.  Any deficiency corrected by the Applicant 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 
1-9.	It is the understanding and direction of the Board that the Applicant shall correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8 and 9 to the satisfaction of the East Greenwich Fire Marshals Office.
10.	The Board hereby grants a variance from the provisions of Section 26-3.2.1 (A&B) in order to allow the Applicant to maintain the existing boiler room area with approved domestically supplied sprinkler heads.  During the January 7, 2003 hearing on this matter, the Board was further advised that the Applicant maintained tele-marketers in the utility room that should be provided with an approved second means of egress allowing them to safely pass by the boiler room area.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to provide an approved means of egress leading the cited tele-marketers in their utility room safely pass the boiler room area, at the direction and to the satisfaction of the East Greenwich Fire Marshal.  In the event the East Greenwich Fire Marshal or the Applicant needs to return to the Board for approval of such an egress route, this file shall be left open to review that approval.
11-18.	The Board hereby directs the Applicant to correct deficiencies 11, 12, 13, 14, 15, 16, 17 and 18 at the direction and to the satisfaction of the East Greenwich Fire Marshals Office.

	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)].