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 Deputy State Fire Marshal Kevin Murphy and Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDING OF FACT

The numbers of the Decision below correspond with those of two (2) reports compiled by the State Fire Marshal’s Office.   The first report dated July 9, 2001 covers the Laufer Building.  The second report dated August 28, 2001 covers the Swan Building.  The above reports were utilized by the Board, the Applicant and the State Fire Marshal’s Office during the November 20, 200l hearing on this matter.  Accordingly, the Board hereby incorporates the above reports as its initial findings of fact. 
	
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

Laufer Building:

1-3. It is the understanding of the Board that deficiencies #l through #3 have previously been granted variances.

4. It is the understanding of the Board that #4 has been corrected, at the direction and to the satisfaction of the State Fire Marshal.

5. It is the understanding of the Board that #5 has been corrected, at the direction and to the satisfaction of the State Fire Marshal.

6. It is the understanding of the Board that #6 has been corrected, at the direction and to the satisfaction of the State Fire Marshal.

7a. The Board hereby directs the Applicant to correct deficiency #7a by providing the cited east conference room on the first floor with approved sprinkler heads, within thirty (30) days from the date of this Decision.

7b. The Board hereby directs the Applicant to correct deficiency #7b by providing the cited walk-in cooler with approved sprinkler heads, within thirty (30) days from the date of this Decision.

7c. The Board directs the Applicant to correct deficiency #7c, at the direction and to the satisfaction of the State Fire Marshal, by providing this facility with sprinkler coverage within one hundred and twenty (l20) days from the date of this Decision.

8. The Board hereby directs the Applicant to correct deficiency #8, within thirty (30) days from the date of this Decision.

9a&b. The Board hereby grants a variance from the provisions of Sections l3-2.2.3 and Table 5-2.2.l(b) in order to allow the Applicant to maintain the existing headroom at the exit stair at the basement and to maintain the existing winding stairs at the basement level.

10. The Board hereby grants a variance from the provisions of Section 5-2.2.3.5 in order to allow the Applicant to maintain storage beneath the cited exit stair at the basement level.  In granting this variance, the Board directs the Applicant to provide the area with an approved rated door and to further sprinkler and fire alarm the storage space.  The above correction shall be accomplished at the direction and to the satisfaction of the State Fire Marshal’s Office, within thirty (30) days from the date of this Decision.

11. It is the understanding of the Board that the Applicant has corrected deficiency #ll by properly maintaining the cited exit sign.

Swan Building:

1. It is the understanding of the Board that the Applicant has previously received a variance covering deficiency #l.

2. The Board hereby grants a variance from the provisions of NFPA Section l-6.l in order to allow the cited areas not to be provided with sprinkler coverage.  This variance is granted on the basis of structural hardship.

3-6. It is the understanding of the Board that the Applicant has corrected deficiencies #3, 4, 5, & 6.

7. The Board hereby grants a variance from the provisions Section 13-2.l in order to allow the Applicant to maintain the cited ceiling height and height of the protruding sprinkler piping in the small entrance foyer of this facility.  This variance is granted on the basis of structural hardship.

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 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.