The above-captioned case was scheduled for hearing on August 5, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Filippi, O’Connell and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Hawthorne of the Cranston Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that the subject facility has been constructed as a seventy-two foot by one hundred foot (72’x100’) horse stable with an approximate area of fourteen thousand four hundred (14,400) square feet.  The building is constructed of Type II (000) construction with room for approximately thirty six (36) horse stalls.  The Board further finds that the site plan indicates that the building will be situated approximately six hundred ninety feet (690’) off the road and will have an eighteen foot (18) wide fire lane around it.  The Board finds that the building was being reviewed under the provisions of NFPA 150 by the Cranston Fire Marshal’s office. 

The Applicant and his representative have contested the Cranston Fire Marshal’s review of this facility under the provisions of NFPA 150.  Specifically, the Applicant has advised the Board that only his family will be using this facility and that there would be no boarding of other horses.  The Applicant has further advised that Board that the facility shall not therefore be open to the public.  In light of the above, the motion was made to allow the Applicant to comply with the provisions of Chapter 29 of NFPA 101 instead of the provisions of NFPA 150.  It is the understanding of the Board that all other fire code deficiencies in this facility shall be corrected by the Applicant before occupancy.
	
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 Applicant’s representation to the Board that this facility shall only be utilized by his family members for the boarding of their horses, the Board hereby directs the Cranston Fire Marshal’s office to conduct a plan review under the provisions of Chapter 29 of NFPA 101.  In the event that the Applicant wishes to modify the use of this building in the future, the modified use will have to be reviewed under the applicable standards at that time.

STATUS OF DECISION AND APPEAL RIGHTS
	
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 Applicant’s 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. (See:  Board Rules and Regulations, section 6-2-17).
	
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.  (See: Board Rules and Regulations, section 6-2-18.)  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.  (See: Board Rules and Regulations, section 6-2-19).  

Such changes in use or occupancy of this facility, or failure to continually comply with the Board’s 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.  (See: Board Rules and Regulations, section 6-2-20).
	
The Applicant may appeal the Board’s 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)].