The above-captioned case was scheduled for hearing on June 12, 2001 at 1:30 P.M. At that time, Vice Chairman Richard and Commissioners Newbrook, O’Connell, Coutu, Pearson, Burlingame and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan L. Hawksley of the East Greenwich Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Burlingame abstaining.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a May 1, 2001 inspection report compiled by the East Greenwich Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshal’s Office during the June 12, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the May 1, 2001 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. The Board hereby directs the Applicant to provide this facility with an approved two-headed emergency lighting unit.  The above unit shall be installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision.

2. The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with an approved Class A metal exit sign installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision.

3. The Board hereby grants a variance from the provisions of section 23-28.25-1 et seq. in order to allow the Applicant to provide the cited area with approved smoke and heat detection tied into the fire alarm system of the main building.  The above system shall be installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision.

4. As a condition of the variances granted herein, the Board directs the Applicant to provide this facility with an approved portable fire extinguisher installed at the direction and to the satisfaction of the East Greenwich Fire Marshal within sixty days of the date of this decision.

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 decision was mailed on 8-08-01.