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, Newbrook, Pearson, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Murphy of the Tiverton Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Filippi.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a May 16, 2003 inspection report compiled by the Tiverton Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshal’s Office during the October 7, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the May 16, 2003 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, shall be noted herein. 
	
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 a variance from the provisions of section 23-28.16-6 as it relates to the upper level of this facility as modified herein.  The Board hereby directs the Applicant to provide an approved compliant window to an approved fire escape platform, installed at the direction and to the satisfaction of the Tiverton Fire Marshal’s office, to provide emergency escape from this facility.  The above window accessed fire escape platform shall be installed within 120 days of the date of this decision.
	
2.  It is the understanding of the Board that the Applicant has corrected deficiency #2 by removing the blockage.  The Board directs the Applicant to clean up the cited area and provide emergency lighting in the area of refuge within 120 days of the date of this decision.
	
3.  The Board hereby grants a variance from the provisions of section 23-28.6-8 in order to allow the Applicant to maintain the existing stairway to the second floor of this facility.  In granting this variance, it is the understanding of the Board that one room on the second floor is a storage area and a second room is a sheet rock hall.  The Board further directs the Applicant to replace the door in this area with an approved 1 3/8 inch solid core wood door with approved spring loaded hinges installed at the direction and to the satisfaction of the Tiverton Fire Marshal’s office within 120 days of the date of this decision.	
	
4.  The Board hereby grants a variance from the provisions of section 23-28.6-9 in order to allow the Applicant to maintain the swing of the cited glass doors originally approved for handicap access six (6) years ago.  In granting this variance, the Board notes that the Applicant has two (2) additional egress doors and that the facility should be properly egressed through these additional doors.
	
5 – 13.  The Board hereby directs the Applicant to correct deficiencies 5, 6, 7, 8, 9, 10, 11, 12 and 13 within 120 days of this decision.
	
14.  The Board hereby shall maintain this file open in the event that the Applicant needs a time extension to cover this facility.

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)].