The above-captioned cases were scheduled for hearing on March 18, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Richard, O’Connell, Coutu, 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 Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT

During the March 18, 2003 hearing on this matter, the Board was advised and finds that the above captioned facilities comprise a business condominium complex of nine (9) buildings.  The stairways in each of these buildings were not completed in that the rated stairway walls stop at the drop ceilings.  The Board further finds that these facilities have fire alarm systems but no smoke detection in the stairways.  The Applicant has sought relief from extending these stairway walls to the roof deck assembly.  It is the understanding of the Board that all other fire code deficiencies in these facilities have been 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 the variance from the provisions of section 23-28.17-14 in order to allow the Applicant to maintain the existing stairway enclosure as modified herein.  The Applicant is hereby given a period of 180 days in which to replace all of the stairway ceiling tiles with approved Class A clip down ceiling tiles or with an approved sheetrock assembly ceiling at the direction and to the satisfaction of the State Fire Marshal’s office.  The Applicant is further directed to maintain the above ceiling tiles or sheetrock assembly as a required system.  Finally, as a condition of this variance, the Board directs the Applicant to provide approved smoke detectors throughout each of the stairways of this facility at the direction and to the satisfaction of the State Fire Marshal’s office within 120 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 was mailed on 6-24-03.