The above captioned case was scheduled and heard by the Board on October 29, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Preiss, OConnell, Filippi, Richard, Coutu, Wahlberg, and Newbrook were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Campopiano of the Warwick Fire Marshals Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.
	The Decision herein is pursuant to a review of the audiotape of these proceedings.

FINDINGS OF FACT
	During the October 29, 2002 hearing on this matter, the Board was advised that this proposed building is approximately 50,208 gross square feet.  The Board was further advised that this facility shall be fully sprinklered.  The Board was also advised that the stock room of this facility is approximately 4,256 gross square feet in area and the proposed mezzanine is approximately 1,418 square feet in area.  The Applicant has requested a variance from the provisions of Section 6-2.5.2 in order to increase the mezzanine gross square feet by approximately 200 feet of added storage space.  The Board further finds that the increase in gross square feet also increases the egress travel distance by approximately eight (8) feet.  Finally, the Board finds that the use of the mezzanine will remain the same basically electrical and additional storage and that this area shall not be normally occupied.  The Warwick Fire Marshal appeared and had no objection to the requested relief.
	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.	In light of the above, the Board hereby grants a variance from the provisions of Section 6-2.5.2 in order to allow the Applicant to increase the mezzanine by approximately 200 square feet added storage space.  The Board notes that the gross square footage increases the egress travel distance by approximately eight (8) feet.  As a condition of this variance, the Board notes that the mezzanine shall not be normally occupied space and shall be utilized as an electrical room and additional storage space.  In light of the above, the Board notes that the Warwick Fire Marshals Office has no objection.

	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)].