The above captioned case was scheduled for hearing on March 26, 2002 at l:00 p.m. At that time, Chairman Farrell and Commissioners Filippi, Wahlberg, Richard, Newbrook, and Evans were present. The fire service was represented by Deputy State Fire Marshal David Curran of the State Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Newbrook 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 a June 29, 2001 annual inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the March 26, 2002 hearing on this matter.   Accordingly, the Board hereby incorporates the June 29, 2001 annual inspection report 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

1-20.	It is the understanding of the Board that the Applicant has corrected deficiencies #l, 2, 3, 4, 5, 6, 7, 8, 9, l0, 11, 12, 13, 14, 15, l6, l7, l8, l9 and 20 to the satisfaction of the State Fire Marshal’s Office.

21. During the March 26, 2002 hearing on this matter, the Board was advised that the Applicant sought a variance from the provisions of Section 5-l.5 as it relates to the ceiling height of the telephone switching room on the first level of this facility.  Specifically, the cited ceiling height is only six feet four inches (6’4”) from floor to ceiling.  The Board was further advised that the telephone switch room was accessible by only two (2) employees and that the entire area was fully sprinkled.  Accordingly, the Board hereby grants a variance from the provisions of Section 5-l.5 in order to allow the Applicant to maintain the existing ceiling height of the cited telephone switching room.  This variance is based on the limited access to the telephone switching room and upon structural hardship.

22-23. It is the understanding of the Board that the Applicant has corrected deficiencies #22 and #23.

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 6-12-02.