The above-captioned case was scheduled for hearing on November 9, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Preiss, Newbrook, Pearson, Burlingame, Coutu and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Denis LaRocque of the West Warwick Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Filippi 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 a July 12, 2004 inspection report compiled by the West Warwick Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshal’s Office during the November 9, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the July 12, 2004 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  It is the understanding of the Board that the Applicant has corrected deficiency #1 and that the address number is currently visible from the street.
	
2.  It is the understanding of the Board that the Applicant has corrected deficiency #2 by providing this facility with an approved key access box.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing this facility with an approved fire alarm system within 120 days of the West Warwick Fire Marshal’s approval of the Applicant’s plans.
	
4.  It is the understanding of the Board that the Applicant has corrected deficiency #4 by re-swinging the cited exit door from the spray room.	
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency #5 by providing this facility with approved remote exits.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing this facility with approved emergency lighting.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with approved exit signage.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing an inspection and certification of the fire extinguisher in the air make up room.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency #9 by properly mounting the cited fire extinguisher.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency #10 by removing the cited obstructions to the front exit and that the Applicant shall maintain the front exit free and unobstructed.
	
11.  It is the understanding of the Board that the Applicant has corrected deficiency #11 by properly rating the interior ceiling finish of this facility.
	
12.  It is the understanding of the Board that the Applicant has corrected deficiency #12 by replacing the cited broken light lens in the spray booth.
	
13.  The Board hereby directs the Applicant to correct deficiency #13 by providing the cited spray room with an approved fire suppression system installed in accordance with NFPA 33, at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within 120 days from the approval of the plans that the Applicant has submitted to the West Warwick Fire Marshal’s office.
	
14.  It is the understanding of the Board that the Applicant has corrected deficiency #14 with regard to the proper routing of the exhaust duct in this facility.
	
15(1).  It is the understanding of the Board that the Applicant has corrected deficiency #15(1) by providing the cited mixing room with an approved two-hour enclosure.
	
15(2).  The Board hereby grants a variance from the provisions of NFPA 33 section 6.3.2 in order to allow the mixing room to exceed 150 square feet.  In the event that the Applicant’s mixing room does exceed 150 square feet, the Board hereby directs the Applicant to bring that room into compliance with the current edition of NFPA 30.
	
15(3).  The Board hereby grants a variance from the provisions of NFPA 33 section 6.3.2 in order to design the mixing room containment system in accordance with OSHA regulations to avoid a tripping hazard.  In granting this variance, the Board notes that the Applicant shall maintain paint in individual one (1) gallon containers in order to eliminate the possibility of a large spill.  Accordingly, this variance is conditioned upon the Applicant’s continuing to store and use paint in one (1) gallon containers in this facility.
	
15(4).  It is the understanding of the Board that the Applicant has corrected deficiency #15(4).
	
15(5).  The Board hereby directs the Applicant to correct deficiency #15(5) by complying with the electrical requirements for dispensing and mixing rooms, at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within 120 days of the West Warwick Fire Marshal’s approval of the Applicant’s submitted plans.
	
15(6).  It is the understanding of the Board that the Applicant has corrected deficiency #15(6) at the direction and to the satisfaction of the West Warwick Fire Marshal’s office.
	
15(7).  It is the understanding of the Board that the Applicant has corrected deficiency #15(7) at the direction and to the satisfaction of the West Warwick Fire Marshal’s office.
	
16.  The Board hereby directs the Applicant to correct deficiency #16 by bringing the electrical equipment near the booth into compliance with the code by building a wall around the cited main electrical panel at the direction and to the satisfaction of the West Warwick Fire Marshal’s office, within 120 days of the approval of the Applicant’s submitted plans.
	
17.  The Board hereby grants a variance from the provisions of NFPA section 5.8.4 in order to allow the Applicant to maintain the existing construction of the cited exhaust ducts used as building component parts.  In granting this relief for the existing construction, it is the understanding of the Board that the current exhaust ducts would be easier to clean, and that the Applicant and the West Warwick Fire Marshal’s office shall refer this system to the West Warwick Mechanical Inspector for any additional code compliance deemed necessary by that office.
	
18.  It is the understanding of the Board that the Applicant has corrected deficiency #18 by replacing the cited exhaust fan motor.
	
19.  It is the understanding of the Board that the Applicant has corrected deficiency #19 by replacing the cited exhaust fan.
	
20.  It is the understanding of the Board that the Applicant has corrected deficiency #20 by providing the requested documentation.
	
21.  It is the understanding of the Board that the Applicant has corrected deficiency #21 by removing the cited portable oil heaters located in the air handling unit room.
	
22.  It is the understanding of the Board that the Applicant has corrected deficiency #22 by providing a ceiling in the spray room that is in excess of one-hour rated.
	
23.  It is the understanding of the Board that the Applicant has corrected deficiency #23 by providing approved rated air intake filters.
	
24.  It is the understanding of the Board that the Applicant has corrected deficiency #24 by providing the requested information in conformance with NFPA 33 Chapter 11.

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)].