The above-captioned case was scheduled for hearing on August 31, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Burlingame, Coutu and Filippi were present.  The fire service was represented by Chief of Inspections William Howe of the State Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu 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 August 19, 2004 plan review 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 August 31, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the August 19, 2004 plan review 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.
	
The Board further finds that this facility is approximately 12,470 square feet in area with an apparatus bay of approximately 4,800 square feet.  The Board further finds that this facility has fire separation between the apparatus bay and the office area.  The Board further finds that the first floor has three (3) means of egress and that the second floor has a company area consisting of locker rooms, company room, and business uses with projected occupancy of twenty-five (25) people.  The Applicant is proposing to limit the vestibule area but would maintain other doors open into the stair tower.  The Applicant further requested the Board’s approval to post the second floor at twenty-five (25) people and the Applicant assured the Board that there would be no public use of the second floor.  The State Fire Marshal’s Office has advised the Board that the stairway, serving the second floor, should go directly to the outside without any other opening.  There exist approximately eight (8) feet from the door of the stairway to the outside.  

The Applicant has agreed with the Board’s recommendation to put alarm activated magnetic hold open devices on the common doors of the stairway at the direction and to the satisfaction of the State Fire Marshal’s Office.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants a variance from the provisions of section 13.2.4.2 in order to reduce the occupancy of the second floor to no more than twenty–five (25) people and to further maintain the second floor as a non-public access space.  In granting this relief, the Board notes that the second floor would be classified as business occupancy and the Board approves the current exits within that occupancy.
	
2. The Board hereby grants variances from provisions of sections 13.2.5, 13.2.5.1, 7.7.2, 39.2.4, 39.2.4.1 and 39.2.4.2 in order to allow the Applicant to maintain a single exit stair from the second floor of this facility and to allow that stair to discharge into a small lobby on the first floor.  In granting this relief, the Board specifically limits the occupancy of the second floor to no more than twenty-five (25) people and to further restrict the second floor to non-public use.  Finally the Board directs the Applicant to provide the doors leading into the exit stairway with approved magnetic hold open devices, installed at the direction and to the satisfaction of the State Fire Marshal as part of the alarm system for this facility, prior to occupancy.

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)].