The above captioned case was scheduled for hearing on April 2, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Richard, Pearson, O’Connell, Wahlberg, Burlingame, Newbrook, and Coutu were present. The fire service was represented by Assistant Deputy State Fire Marshal Daniel Isles of the Providence Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of a March 28, 2002 plan review report compiled by the Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshal’s Office during the April 2, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the March 28, 2002 plan review report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. During the April 2, 2002 hearing on this matter, the Board was advised that the Applicant sought a variance in order to be allowed to temporarily occupy the front portion of this facility in order to receive employment applications and to further train cashiers and other store employees.  The Board was further advised that the sprinkler system in front of the store had been certified and that the fire alarm system was completely installed and operational as a local system with a modem hookup.  The parties agreed that the fire alarm system would be municipally connected on or about April l3, 2002.  

In light of the above, the Board hereby grants the Applicant’s request for a limited temporary occupancy by employees and potential employees in the front portion of this facility for the purposes of taking employment applications and training. Specifically, the Board hereby grants a variance from the provisions of Life Safety Code Section l-3.l0 in order to allow the above occupancy.

2. For the reasons outlined in item #l, the Board hereby grants a variance from the provisions of Section 1-3.11.l in order to allow the Applicant to temporarily occupy this facility with employees and potential employees subject to the above cited limitations.

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.

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.  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.  

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 changes creates a new use or occupancy as outlined in R.I.G.L. 23-28.l-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.
	
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.  [RIGL 42-35-l5(c)].

This decision was mailed on 6-12-02.