The above captioned case was scheduled for hearing on June 4, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Evans, Pearson, O’Connell, Preiss, Richard and Newbrook were present. The fire service was represented by Assistant Deputy State Fire Marshal John Campobiano and William Hoppa of the Warwick Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

During the June 4, 2002 hearing on this matter, the Board was advised and finds that this facility is approximately 158,850 square feet in area and shall be utilized as a home improvement warehouse.  The Board was further advised that the Applicant has provided sprinkler quadrant zones for this facility in accordance with NFPA Standard l3.  The Applicant is currently before the Board requesting relief from the provisions of Section 23-28.25-5(h)(l) in order to zone the fire alarm system in accordance with the existing planned sprinkler zones.  The Warwick Fire Marshal and Fire Alarm Superintendent had no objection to the requested relief.
	
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. The Board hereby grants a variance from the provisions of Section 23-28.25-5(h)(l) in order to allow the Applicant to maintain fire alarm zones in excess of 20,000 square feet.  Specifically, the Applicant may maintain fire alarm zones compatible to the sprinkler quadrant zones set up for this facility.

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 6-19-02.