The above-captioned case was scheduled for hearing on October 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Evans, Burlingame, Coutu, Filippi and O’Connell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Filippi 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 a January 27, 2003 inspection report compiled by the East Greenwich Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshal’s Office during the October 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the January 27, 2003 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.  The Board hereby grants a variance from the provisions of the cited Life Safety Code in order to allow the Applicant to maintain the door on the second level of this facility with a width of less than thirty-two (32) inches.  It is the understanding of the Board that the Applicant has corrected the remaining portion of this deficiency by eliminating a deep drop-off after the opening, the second means of egress, before it reaches the concrete driveway.  The above variance is based on structural hardship in the absence of an objection by the East Greenwich Fire Marshal’s office.  It is the further understanding of the Board that the area accessed by the second floor door does not allow for public occupancy.
	
2.  The Board hereby grants a variance from the cited provisions of the Life Safety Code in order to allow the Applicant to maintain the existing dimensions of the cited stairs within this facility.  In granting this variance, the Board also notes that there is no public occupancy in this facility.  This variance is granted on the basis of structural hardship.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3 by properly locating the cited upstairs exit sign.
	
4.  The Board hereby grants a variance from the provisions of Section 8-3.1 and Section 6-2.4.4 in order to allow the Applicant to maintain the existing rating and construction of the cited stairwell.  It is the further understanding of the Board that the stairwell shall not service the public and that the Applicant has provided a second layer of sheetrock on the door of the stairwell.
	
5.  The Board hereby grants a variance from the cited Life Safety Code sections in order to allow the Applicant to maintain a furnace on the second level of this facility.  It is the understanding of the Board that the Applicant has provided the furnace area with approved sheetrock.
	
6.  In considering the variances above, the Board notes that this facility has been provided with an approved fire alarm system, an enclosed heating system with remote switch and other fire safety features deemed necessary by the East Greenwich Fire Marshal’s office.  Accordingly, the above systems shall be deemed required for purposes of maintenance.

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)].