The above-captioned case was scheduled for hearing on February 6, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, O'Connell, Richard, Burlingame, Pearson, Filippi and Coutu were present.  The fire service was represented by Deputy State Fire Marshal Kevin Murphy of the State Fire Marshal’s Office.  A motion was made by Commissioner Coutu and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of an October 13, 2000 inspection report complied 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  February 6, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the October 13, 2000 inspection report as its initial findings of fact.  Any modification of the Board’s findings, such as correction of a deficiency by the Applicant, 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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1. It is the understanding the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the State Fire Marshal's office.

2. It is the understanding the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the State Fire Marshal's office.

3. The Board hereby grants a variance from the provisions of NFPA 13 section 1-6.1 in order to allow the Applicant not to provide a sprinkler head in the cited storage closet on the first floor under the west egress stairs.

4. It is the understanding the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the State Fire Marshal's office.

5. It is the understanding the Board that the Applicant has corrected deficiency 5 at the direction and to the satisfaction of the State Fire Marshal's office.

6. It is the understanding the Board that the Applicant has corrected deficiency 6 at the direction and to the satisfaction of the State Fire Marshal's office.

7. The Board hereby grants a variance from the provisions of sections 30-2.2.3 and 5-2.2.2.1, in order to allow the Applicant to maintain the existing dimensions of the cited west exit stair treads and risers.

8. It is the understanding the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the State Fire Marshal's office.

9. During the February 6, 2001 hearing on this matter, the Board was advised that the Applicant was also requesting a variance to maintain a twenty-three foot dead-end corridor within this facility.  The Board hereby grants a variance in order to allow the Applicant to maintain a dead-end corridor on the second floor of this facility.  In granting this variance, the Board notes that this facility is completely sprinklered and alarmed to the satisfaction of 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)].

This decision was mailed on 2-14-01.