The above-captioned case was scheduled for hearing on February 15, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame, Pearson, and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Kenneth Scandariato of the North Providence Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a July 12, 2004 inspection report compiled by the North Providence Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshal’s Office during the February 15, 2005 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 State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby directs the Applicant to correct deficiency #1 by providing this facility with approved outside illumination at the direction and to the satisfaction and within a timetable established by the North Providence Fire Marshal’s office.
	
2.  During the February 15, 2005 hearing on this matter, the Board was advised that the Applicant had a signed contract for the installation of a fire alarm system within this facility.  Accordingly, the Board hereby directs the Applicant to provide this facility with an approved fire alarm system at the direction and to the satisfaction and within a timetable established by the North Providence Fire Marshal’s office.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3 by providing this facility with approved fire extinguishers.
	
4.  The Board hereby grants a time variance in order to allow the Applicant to maintain the cited three by two foot (3’x2’) grill on an existing back wall with a wall vent and hood to the outside.  This time variance shall extend to the period of time that the owner occupies this facility.  In the event there is a change of condition or a change of ownership, the Applicant is directed to bring the cited system into compliance with the code prior to use of the system by the new owner.  The North Providence Fire Marshal’s office had no objection to the granting of this temporary relief to the current owner of this facility.  

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)].