The above-captioned case was scheduled for hearing on April 29, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Pearson and Burlingame were present.  Commissioner Filippi recused herself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Stephen K. Tucker of the Lime Rock Fire Marshal’s Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The Board was advised and finds that this facility is a steel frame 12,750 square foot enclosed equestrian riding facility.  The Board further finds and directs that this building shall be utilized during daylight hours for riding instruction and that there shall be no storage of any combustible hazardous material within this building.

The Applicant is seeking a variance from the provisions of Section 23.28-25-4(b) (Supervised Fire Alarm System) and has requested to provide this facility with a local fire alarm system in accordance with the standards of Section 23-28.25-4(a) as amended.  The Lime Rock Fire Marshal’s office appeared and advised the Board that they supported the above variance in light of the limited occupancy and hazard presented by this facility.  It is the understanding of the Board that all other fire code deficiencies in this facility shall be 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 from the provisions of Section 23-28.25-4(b) in order to allow the Applicant to not provide this facility with a supervised municipally connected fire alarm system.  As a condition of this variance, the Board hereby directs the Applicant to provide this facility with an approved local fire alarm system, installed at the direction and to the satisfaction of the Lime Rock Fire Marshal’s office or designee, in accordance with the provisions of Section 23-28.25-4(a) as amended.

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)].