The above-captioned case was scheduled for hearing on November 4, 2003 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Wahlberg, Preiss, Filippi and O’Connell were present.  The fire service was represented by Chief Deputy State Fire Marshal R. Michael DiMascolo of the State Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner O’Connell to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the November 4, 2003 hearing on this matter, the Board reviewed and relied upon a November 3, 2003 letter from the State Fire Marshal’s office describing both this facility and the emergency measures the Applicant had agreed to take.  Accordingly, the Board hereby incorporates the November 3, 2003 Fire Marshal’s letter as its initial findings of fact.  Specifically, the Board finds that this is a one story masonry and heavy timber building currently used by the ACI for meetings.  The Board further finds that it is the intended use of the building to provide a temporary emergency shelter for single individuals on a night by night basis.  The Board further finds that this building will provide temporary sleeping space for no more than eighty five (85) people.
The Board further finds that the exterior of this building measures 80’ x 150’.  The Board further finds that the building is a partially sprinklered building with an addressable fire alarm system with a master box.  All of the areas planned to be occupied are fully sprinklered.  The basement will be secured and will not be occupied.  The only unsprinklered area currently is the protected stair towers.

The basement is fully sprinklered with no cooking facilities on premises and there is no heating equipment located in the building because the building is presently heated from a central heating plant.  The are four (4) clearly defined means of egress from the building equipped with panic hardware, emergency lighting and illuminated exit signs.  Emergency lighting has also been installed at each exterior door.  Currently, there are smoke detectors located in each stairwell and four (4) additional smoke detectors on level one and four (4) smoke detectors on the basement level will be installed prior to this building being used as a temporary shelter.

The Board further finds that there are eight (8) inspected and approved fire extinguishers located throughout the building on each level and that a minimum of three (3) full time staff members will be present during all hours of use between 6:00 pm and 7:00 am.  Each of the staff members will be trained by the State Fire Marshal’s office in fire prevention techniques, fire department notification, evacuation procedures and fire extinguisher operation.  This fire watch will be maintained during all hours of occupancy as an emergency shelter.  Finally, the Board finds and directs that there shall be no smoking permitted at any time in this facility and no cooking will be allowed in the building.  All food will be provided on site.

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby grants the Applicant a time variance of one year from the date of this hearing in order to allow the Applicant to occupy this facility as an emergency shelter facility.  In the event the Applicant wishes to occupy this facility as such next year, the Board directs the Applicant to first provide the additional required sprinkler coverage in the stairwells of this facility, at the direction and to the satisfaction of the State Fire Marshal’s office.

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)].