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

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an October 29, 2002 inspection report compiled by the Exeter 1 Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Exeter 1 Fire Marshal’s Office during the April 1, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the October 29, 2002 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.  During the April 1, 2003 hearing on this matter, the Board was advised that the Applicant needed to maintain additional means of egress from this building and further needed to address the travel distance component of egress from this building.  The Board was further advised that the Applicant planned to provide this facility with an approved supervised fire alarm system installed at the direction and to the satisfaction of the Exeter 1 Fire Marshal’s office.  Accordingly, the Board hereby grants the Applicant a time variance in order to correct deficiency #1 of 90 days from the date of this Decision.  Specifically, the Applicant is granted a variance to pursue his plan of action in one of two ways.  The Applicant may cut six foot eight inch by three foot (6’8” x 3’) holes between the dead-end bays within this facility in order to provide the bays with approved egress, or the Applicant may provide this building with additional egress doors.  Either option shall be at the direction and to the satisfaction of the Exeter 1 Fire Marshal’s office within 90 days of the date of this Decision.  The Applicant is further directed to add a second floor stairwell in order to provide a second means of egress for the approximately fifteen employees who will be utilizing the second floor office area.  It is the understanding of the Board that in addition to the above doors leading to the outside, the Applicant shall further provide an approved door in the overhead door servicing this facility, at the direction and to the satisfaction of the Exeter 1 Fire Marshal’s office.  In granting this variance, the Board notes that this facility shall be further fully protected by a supervised fire alarm system.
	
2, 3, 4, 5, 6, 7, 8.  The Board hereby directs the Applicant to correct Deficiencies 2, 3, 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the Exeter 1 Fire Marshal’s office within 90 days of the date of this Decision.

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)].

Decision mailed on 7-17-03.