The above-captioned case was scheduled for hearing on June 26, 2001 at 1:30 P.M. At that time, Acting Chairman Evans and Commissioners Wahlberg, Newbrook, O’Connell, Pearson and Richard were present.  No one appeared on behalf of the Fire Service. However, this facility had been previously reviewed by the Board, with Assistant Deputy State Fire Marshal Donahue, on February 13, 2001.   A motion was made by Commissioner Richard and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT

This case was previously reviewed by the Board on February 13, 2001.  A decision, outlining a plan of action for the fire safety of this facility, was thereupon issued on February 26, 2001. The Applicant has returned to the Board requesting a thirty-day extension in which to complete installation of the required sprinkler system.  It is the understanding of the Board that all other fire code deficiencies 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 to time variance of thirty days from June 15, 2001 in order to allow the Applicant to complete installation of the sprinkler system within this facility on or before July 15, 2001.

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)].