The above captioned case was scheduled for hearing on November 20, 2001 at l:00 p.m.  At that time, Chairman Farrell and Commissioners Wahlberg, Pearson, Richard and Filippi were present.   The fire service was represented by Assistant Deputy State Fire Marshal Richard Susi of the Cumberland Hill Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

During the November 20, 2001 hearing on this matter, the Board was advised and finds that the subject facility maintains three (3) unoccupied storage units in one (l) building.  The Board further was advised and finds that the occupancy of this facility is limited to storage and that these units are only incidentally occupied for short periods of time.  Further, the Board was advised and finds that the storage maintained in this facility is of non-combustible in nature.  Specifically, the Applicant’s tenant stores glass within this facility.  

It is the further understanding that the Applicant has corrected all fire code deficiencies at the request of the Cumberland Fire Marshal with the exception of installing a fire alarm system within this facility.  Due to the limited storage occupancy, the fact that this facility is generally unoccupied and the size of this facility, the Cumberland Fire Marshal’s Office has advised the Board that it has no objection to waiving the fire alarm requirements for this facility.  

Finally, the Board notes that the size of this facility would probably fall within the fire alarm requirement exception for storage occupancies being developed by the Board.
	
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.l7-l4 and 23-28.25-4 in order to allow the Applicant to maintain this unoccupied storage facility without a fire alarm system.  This variance is granted pursuant to the Board’s understanding that this facility shall remain unoccupied and that the storage within it shall remain non-hazardous.
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.
	
he 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 within 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 1-09-02.