The above captioned case was scheduled for hearing on March l2, 2002 at l:00  p.m.  At that time, Chairman Farrell and Commissioners Newbrook, Richard, Coutu, O’Connell, and Burlingame were present.  Commissioner Filippi recused herself from hearing this case.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Burlingame abstaining.

FINDING OF FACT

During the March l2, 2002 hearing on this matter, the Board was advised that the proposed building would be of the exact same construction and design as the horse barn proposed for Goddard State Park.  The Goddard State Park horse barn was addressed by the Board in File No.:20009 and 20009A.  Accordingly, the Board hereby incorporates its original findings of fact as they relate to this proposed facility.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants the Applicant the same applicable variances as he granted the proposed horse stable in Goddard State Park.  As a condition of this variance, the Applicant has agreed to provide both the Lincoln Woods State Park horse stable and the Goddard State Park horse stable with approved local fire alarm systems, installed at the direction and to the satisfaction of the State Fire Marshal or designee.  This Decision is based upon the Applicant’s representation that the facilities at both locations shall be constructed in the same manner.

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 4-08-02.