The above-captioned case was scheduled for hearing on May 20, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board finds that this is a proposed parking structure to be utilized in conjunction with the new Kent County Courthouse.  The Board further finds that the State Fire Marshal’s office has been in preliminary discussions with the Applicant in order to determine which code shall be controlling for their plan review at this facility.  Finally, the Board finds that the funding for this public project is limited and that the State Fire Marshal and the Director of Administration, while not agreeing to a full fee waiver, are amenable to a reduction in fee to reflect the actual cost of processing this project through the State Fire Marshal’s office.  During the May 20, 2003 hearing, the Applicant advised the Board that they would be amenable to payment of actual costs as opposed to the originally requested complete plan review fee waiver.

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby grants a variance from the provisions of section 23-28.2-26 in order to allow the Applicant to pay only the actual costs of plan review and related services provided by the State Fire Marshal’s office in lieu of the statutory plan review fee.  The Board hereby maintains this file open in the event there are questions by either the Applicant or the State Fire Marshal as to the exact calculation of this fee.  Finally, the Board notes that the State Fire Marshal’s office voiced no objection to this variance.
	
2.  The Board hereby grants a variance in order to allow the Applicant to utilize the 2003 edition of NFPA 1 and 101 in designing this project and having it reviewed by the State Fire Marshal.
	
3.  The Board finds the Applicant’s third request for waiver of a filing fee to be moot.
	
4.  As noted before, the Board hereby maintains this as an open file in order to allow the Applicant to come back to address any other deficiency within this complex as it is being erected until a final certificate of occupancy is issued.

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)].