The above-captioned case was scheduled for hearing on December 19, 2000 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Coutu, Newbrook, O'Connell, Richard, Burlingame, Pearson and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Richard James of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the December 19, 2000 hearing on this matter, the Board was advised that the Applicant sought relief from having to provide the garage and loading dock areas with approved fire extinguishers. The un-contradicted testimony of the parties was that the extinguishers were being continually stolen and/or vandalized in the above areas. Accordingly, the Board finds that the Applicant’s fire extinguishers, in the garage and loading dock areas, were being stolen and/or vandalized. 	
	
The second request of the Applicant was to be relieved of the sprinkler requirements for stairway  #21. The un-contradicted testimony of the parties was that stairway #21 was an exterior structure that would be impossible to properly sprinkle. Accordingly, the Board finds that stairway #21 would be impossible to properly sprinkle without serious modification that would be considered unreasonable given the construction, rating, purpose and location of the stairway. 
	
Finally, the Board finds that all other deficiencies, within this complex, have been corrected by the Applicant. 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 section 23-28.17-12 and its referenced standards, in order to allow the Applicant not to maintain approved fire extinguishers in the garage and loading dock areas. In granting this variance, the Board directs the Applicant to maintain approved extinguishers inside the garage vestibules. The Board further directs the Applicant to provide all security vehicles with approved fire extinguishers and to train all security personnel in their use. In granting this variance, the Board notes that the State Fire Marshal’s Office has no objection.

2. The Board hereby grants a variance from the sprinkler requirements for stair #21. In granting this variance, the Board notes that the State Fire Marshal’s Office has no objection.

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 1-04-01.