The above captioned case was scheduled for a hearing on March l9, 2002 at l:00  p.m.  At that time, Acting Chairman Coutu and Commissioners Newbrook, O’Connell and Evans heard the case in subcommittee. The fire service was represented by Assistant Deputy State Fire Marshal James Grenga of the Smithfield 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 was unanimous.
	
Subsequently, Vice Chairman Richard arrived and the matter was reconsidered by the full Board.  A motion was thereupon made by Commissioner Richard and seconded by Commissioner Newbrook to reaffirm the subcommittee’s finding.  The motion was unanimous.  Accordingly, the subcommittee recommendation has been approved by the full Board.

FINDING OF FACT

The numbers of the Decision below correspond with those of a May 8, 2001 inspection report compiled by the Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshal during the March 19, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the May 8, 2001 inspection report as its initial findings of fact.  Any modification of the Board’s findings such as correction of a deficiency 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.l-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. The Board hereby grants a variance from the provisions of Life Safety Code Section 5-l.5 in order to allow the Applicant to maintain the existing ceiling height in the second floor portion of this facility.

2. The Board hereby grants a variance from Life Safety Code Sections 28-2.4.l and 28-2.5.3 in order to allow the Applicant to maintain the existing common path of travel from the second story of this facility.  This variance is granted on the basis of limited occupancy.

3. The Board hereby directs the Applicant to correct deficiency #3 by providing the second story with approved emergency lighting.

4. The Board hereby directs the Applicant to correct deficiency #4 by providing the office areas with approved exit signage.

5. The Board hereby grants the Applicant a time variance of one hundred and twenty (l20) days from the date of this Decision in which to correct deficiency #5 by reswinging the cited door to the exterior.

6. The Board hereby directs the Applicant to correct deficiency #6 by providing the cited area with an approved exit sign.

7. The Board hereby directs the Applicant to correct deficiency #7 by providing the cited door to the exterior with an approved manual fire alarm station.

8. As a condition of the variances granted herein, the Board directs the Applicant to extend the existing fire alarm system in this facility throughout, at the direction and to the satisfaction of the Smithfield Fire Marshal, in accordance with the provisions of Section 23-28.25-4(a), within one (l) year from the date of this Decision.

9. The Board hereby directs the Applicant to correct deficiency #9, as part of the fire alarm system outlined in item #8 above.

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 4-25-02.