The above captioned case was scheduled for hearing on September 24, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Newbrook, Coutu, Richard, Filippi, Wahlberg, Preiss, and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jasper of the Johnston Fire Department, Deputy State Fire Marshal David Curran and Chief of Inspections William Howe, both of the State Fire Marshals Office.  The motion was thereupon made by Commissioner Wahlberg and seconded by Commissioner Richard 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 August 13, 2002 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the September 24, 2002 hearing on this matter.  Accordingly, the board hereby incorporates the August 13, 2002 inspection report as its initial findings of fact.
	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 directs the Applicant to correct deficiency 1, to the satisfaction of the State Fire Marshal, by providing the cited vertical openings with approved smoke barriers prior to occupancy.  The Board shall allow the Applicant to maintain the previously enclosed areas with the existing minimal separation applied therein.  Finally, the Board directs the Applicant to properly build out all remaining areas that are open, prior to the occupancy of these areas.  The above relief is granted pursuant to the Boards understanding that this facility is fully sprinklered and alarmed.
2.	During the September 24, 2002 hearing on this matter, the Board was provided with an approved design system created by Robinson Green and Berretta to address deficiency 2.  Upon review of the system, it was the determination of the Board that the submitted system would provide approved fire rating and smoke tight construction of the cited stairways on the east and west sides of the buildings.  Accordingly, the Board hereby accepts and approves the design by Robinson Green and Berretta in addressing this deficiency.
3-12.	The Board hereby directs the Applicant to correct deficiencies 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 within ninety (90) days from the date of this Decision.

	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)].