The above-captioned case was scheduled for hearing on April 22, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, O’Connell, Burlingame, Newbrook, Richard and Filippi were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office and Fire Chief Charles Hall and Assistant Deputy State Fire Marshal Dennis LaRocque of the West Warwick Fire Department.  A motion was made by Commissioner Richard and seconded by Commissioner Wahlberg to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Burlingame and Preiss.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an April 21, 2003 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State and West Warwick Fire Marshal’s Office during the April 22, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the 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 directs the Applicant to correct deficiency #1 by providing for exit discharge from this facility through a system of two hour rated enclosures.  Specifically, the Board directs the Applicant to work with the State Fire Marshal’s office in creating an approved system of continuous two-hour rated exit enclosures within sixty (60) days of the date of this decision.  The Board notes that the Applicant’s lobby area is fully sprinklered and is rated currently at two hours.  The Board further notes that the Applicant shall provide the employees of this facility with approved fire drills on a quarterly basis.  The fire drills shall be approved by the State and West Warwick Fire Marshal’s offices.
	
2.  The Board hereby grants a variance from the provisions of sections 26-2.5.1 and 5-5.1.4 in order to allow the Applicant to maintain the existing remoteness of the exits located on the second, third and fourth levels of this facility.  In granting this variance, it is the understanding of the Board that there is currently a conflict of codes in determining the required remoteness.  Specifically, the State Building Code allows for calculation utilizing one quarter of the diagonal of the building, whereas the State Fire Code allows for measurement by utilizing one third of the diagonal of the building.  In utilizing the State Fire Code standard, the Board was advised that the exits are approximately fourteen feet closer than they should be.  Likewise, the Board was advised and finds that in utilizing the State Building Code standard, the stairways are in compliance with the Building Code.  
	
This variance is granted on the basis of the fact that this building is currently constructed and that this discrepancy was apparently not brought to the Applicant’s attention during the plan review phase.  The variance is further based on the fact that this facility is fully sprinklered and maintains a municipally connected fire alarm system.  Finally, as a condition of this variance, the Board notes that the Applicant shall provide quarterly fire drills with all of the employees of this facility to completely familiarize them with the rapid evacuation of this facility.
	
The Board notes the objection of both the State Fire Marshal’s office and the West Warwick Fire Department to the granting of this variance.
	
3.  Upon review of the plans for this facility, the Board finds that this facility meets the travel distance requirements of Section 26-2.5.3.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing an approved single exit door next to the cited revolving door at the direction and to the satisfaction of the State and West Warwick Fire Marshals within sixty (60) days of the date of this decision.
	
5.  In light of the above, the Board hereby authorizes the issuance of a temporary certificate of occupancy by the West Warwick Fire Marshal’s office and directs the Applicant to make all corrections to the facility during periods in which the building is not occupied.  The above authorization of the issuance of a temporary certificate of occupancy was directed by a motion made by Commission Richard and seconded by Commissioner Preiss which passed over the opposition vote of Commissioner Burlingame.  The Board further notes the objection of the State and West Warwick Fire Marshals office to the granting of any relief to this newly constructed 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)].