The above-captioned case was scheduled for hearing on October 7, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Newbrook, Pearson, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Denis LaRocque of the West Warwick Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that the above captioned facility is a newly constructed office building.  The Board further finds that there was a disagreement between the Applicant and the West Warwick Fire Marshal’s office as to the intent of the code covering the direct egress from mechanical spaces into a fire rated egress stair hall.  The Board finds that the West Warwick Fire Marshal’s office has requested that the mechanical room be egressed onto a roof and then across the roof to an exterior stair tower door.  The Applicant is proposing to egress the mechanical room through a fire rated corridor to an interior stair hall door.  The Board further finds that the building is nearly 100% complete and the Applicant needs an initial determination by the Board in order to be provided with a certificate of occupancy.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  Upon review of the cited provisions by both the West Warwick Fire Marshal and the Applicant, it is the determination of the Board that the proposed separation of the mechanical spaces from the rated stair enclosure as outlined by the West Warwick Fire Marshal meets the intent of the code.  It is the further finding of the Board that the Applicant’s proposed vestibule connection between the boiler room area and the stair tower does not provide approved separation.  Accordingly, the Board hereby directs the Applicant to provide the recommended exterior separation of the mechanical space, to the satisfaction of the West Warwick Fire Marshal, within ten (10) days of the date of this decision.  In light of the Applicant’s need to have immediate occupancy of this facility, the Board hereby authorizes the West Warwick Fire Marshal’s office to approve the issuance of a temporary certificate of occupancy for this facility conditioned upon the Applicant’s compliance with the remainder of this decision.

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)].