The above captioned case was scheduled for hearing on December 17, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Richard, Newbrook, Preiss, Wahlberg and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal George Calise of the Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This variance involves the use of CVPC pipe and sprinkler heads in combustible concealed spaces.  Specifically, these materials should be installed no more than four (4) inches from the ceiling surface.  Presently, fifty (50) units are properly piped.  However, the Applicant notes that in order to keep the pipe as far away from the surface as possible and to further eliminate heat lamp or heat producing devices by the pipe, occasionally the Applicant may need relief from the above requirements.  The Applicant has further advised the Board that he would work with the Providence Fire Marshals Office on a case-by-case basis in order to determine whether exceptions to the above rule should be allowed.  Finally, the Applicant has provided the manufacturers assessment and explanation of the four- (4) inch dimension safe distance requirement.
	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 the Applicant a variance in order to allow the Applicant, with the specific approval by the Providence Fire Marshals Office, on a case-by-case basis, to increase the maximum distance that the CVPC pipe may be located above the top surface of the ceiling to six (6) inches.  In granting this variance, the Board notes that the additional distance may be necessary to avoid compromise to the pipe by a heat lamp or other heat-producing device near the pipe.  The Board further notes that the Applicant must first secure the approval of the Providence Fire Marshals Office before moving any of these pipes beyond the current maximum of four- (4) inches.	
	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)].