The above-captioned case was scheduled for hearing on May 13, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Evans and Pearson were present.  The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the May 13, 2003 hearing on this matter, the Board was advised and finds that this is a single story structure which is awaiting a certificate of occupancy.  The Board further finds that the basement height is less than seven feet six inches (7’6”) but that this area will not be part of the occupied space.  The Board further finds that the owner is requesting to maintain a locked gate at the entry portion of this facility for security.  Finally, the Board finds that there are two other means of egress, one having panic hardware which is within fifty (50) feet of any point within the building.  It is the understanding of the Board that all other fire code deficiencies in this facility have been corrected by the Applicant.
	
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 in order to allow the Applicant to maintain the existing basement ceiling height of this facility.  In granting this variance, it is the understanding of the Board that due to a high water table, the Applicant is unable to lower the floor of this basement area.  It is the further understanding of the Board that the joists at the beams provides a head room of six feet six inches (6’6”), but that the basement area shall be utilized only for storage and not otherwise occupied.  Finally, the Board shall grant a variance in order to allow the Applicant to maintain a lockable gate at the main entry of this facility for security purposes.  However, as a condition of this variance, the Board directs the Applicant to maintain this gate locked in the open position during all hours of occupancy.  Finally, the Board understands in granting this variance that there are two other means of egress leading out of this facility and that one of the means of egress is equipped with approved panic hardware and is within fifty (50) feet of any point within the building.  Finally, it is the understanding of the Board that the Providence Fire Marshal’s office has no objection to this variance request.

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)].