The above-captioned case was scheduled for hearing on July 18 at 1:30 p.m.At that time, Chairman Farrell and Commissioners Newbrook, Pearson, Filippi, Fang, Richard, Evans, Burlingame and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lance Murphy of the Dunn’s Corner 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.

FINDINGS OF FACT
	
During the July 18, 2000 hearing on this matter, the Board was advised that this was a three-story facility which the Applicant has proposed to utilize as a bed and breakfast.  The Board was further advised that the Applicant would not occupy the third story of this facility until such time as he installed two approved means of egress, from the third floor, at the direction and to the satisfaction of the Dunn's Corners Fire Marshal's Office.
	
The Applicant came before the Board requesting variances from the provisions of life safety code sections 20-2.1, 20-2.2 and 20-3.1 as these sections relate to the egress system of this facility.  The Board was further advised that the Applicant was otherwise in full compliance with the State Fire Code.  This facility is fully protected with a 13 R sprinkler system and hardwired smoke detectors in all sleeping areas and the primary and secondary means of egress.  The Dunn's Corners Fire Marshal appeared and voiced no objection to the Applicant's request.	
	
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 23-28.1-4(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 sections 20-2.2, 20-2.1 and 20-3.1 in order to allow the Applicant to maintain the existing rating and configuration of the egress system serving the first and second levels of this facility.  In granting this variance, is the understanding of the Board that this facility is fully sprinkled. It is the further understanding and direction of the Board that the third story of this facility shall not be occupied until after the Applicant has provided the third story with two approved means of egress at the direction and to the satisfaction of the Dunn's Corners 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)].

This decision was mailed on 7-27-00.