The above-captioned case was scheduled for hearing on January 30, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, O'Connell, Richard, Pearson, Burlingame and Coutu 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 Wahlberg and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the January 30, 2001 hearing on this matter, the Board was advised that the Applicant requested relief from installing fire detection devices in the accessible attic space of this facility.  Specifically, the Applicant had originally designed this facility to include an attic walkway.  The Applicant subsequently determined that the walkway could be eliminated in order to discourage the possibility of storage in the attic area and to save money on this project.  However, the elimination of this walkway would prevent easy access to the fire alarm devices within this space.  It is the understanding of the Board that all other fire code deficiencies within this facility 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. During the January 30, 2001 hearing on this matter, the Applicant further advised the Board that this facility would be fully sprinklered both above and below the ceilings and below the attic.  The Applicant further advised the Board that he could provide a limited number of access scuttles to allow for inspection of detectors placed immediately above these openings.  Accordingly, the Board grants a variance from the provisions of section 23-28.25-4(b)(3) in order to allow the Applicant to provide the accessible attic space with appropriate heat detection accessible, for the purposes of maintenance, by providing approved attic access scuttles immediately below these devices.  In granting this variance, the Board envisions that the Applicant would require approximately 6 to 8 access scuttles installed that the direction to the satisfaction of East Greenwich Fire Marshal. The Board notes that the number of scuttles will depend upon the actual square foot coverage and rating of the heat detectors installed in the attic space.

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)].

This deciion was mailed on 2-01-01.