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 Richard Waterman of the Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Pearson 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 a March 17, 2003, inspection report compiled by the Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshal’s Office during the April 1, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the March 17, 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.  During the April 1, 2003 hearing on this matter, the Board was advised that the Applicant sought relief from the provisions of Section 5-4.1.1 with regard to the egress from an unoccupied basement within this facility.  Specifically, the Applicant had previously received a variance to maintain an existing basement stairway.  The Applicant now proposes to move the stairway to the far left of the building and to fully rate the new stairway.  The Board was further advised that the Applicant maintains his heating operation outside of the building and that the basement shall remain unoccupied.  The basement is approximately 900 square feet in area.  The Applicant maintains a maximum occupancy of 96 people on the first floor of this facility with an office occupancy on the second floor of this facility.  It is the understanding of the Board that all other fire code deficiencies within this facility shall be corrected by the Applicant.
	
In light of the above, the Board hereby grants a variance from the provisions of Section 5-4.1.1 in order to allow the Applicant to maintain a single rated means of egress from the unoccupied basement area that is utilized for restaurant supplies.  In granting this variance, the Board notes that the basement is approximately 912 feet in area with a maximum travel distance from the most remote corner of 38 feet.  The basement is equipped with fire detectors, horn strobe and emergency lighting and the ceiling has a 5/8 inch fire rated gypsum board fastened to the underside of the joist.  In granting this variance, it is the understanding of the Board that the Smithfield Fire Marshal’s office has no objection in light of the above factors.

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 7-30-03.