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 David Pastore of the West Warwick Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  Commissioner Burlingame abstained from consideration of this case.  The motion was unanimous.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a July 2, 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 February 15, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 2, 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.  The Board hereby directs the Applicant to correct deficiency #1 by providing the cited key access box, installed at the direction and to the satisfaction of the West Warwick Fire Marshal within sixty (60) days of the date of this decision.
	
2.  The Board hereby directs the Applicant to correct deficiency #2 by removing the cited vegetation in the back of the building within thirty (30) days from the date of this decision.
	
3.  It is the understanding of the Board that the Applicant has corrected deficiency #3 by addressing the exposed wires in the electrical boxes at the direction and to the satisfaction of the West Warwick Fire Marshal’s office.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by eliminating the spray residue on the discharge nozzles for suppression in the spray booth area within seven (7) days of the date of this decision.
	
5.  The Board hereby directs the Applicant to correct deficiency #5 by providing proper waste containers at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within seven (7) days of the date of this decision.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 to the satisfaction of the West Warwick Fire Marshal.
	
7.  The Board notes that there is no item #7 in the July 2, 2004 deficiency report.
	
8.  The Board hereby directs the Applicant to correct deficiency #8 by properly re-charging the cited fire extinguishers and properly locating these extinguishers within fifteen (15) days of the date of this decision at the direction and to the satisfaction of the West Warwick Fire Marshal’s office.
	
9. – 13.  The Board hereby directs the Applicant to correct deficiencies 9, 10, 11, 12, and 13 at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within 120 days of the date of this decision or to completely cease the spray paint operation in this facility.  If after 120 days the Applicant has ceased spray painting in this facility, the Applicant is directed not to commence spray painting until items 9, 10, 11, 12 and 13 have been corrected at the direction and to the satisfaction of the West Warwick Fire Marshal’s office.
	
14.  The Board hereby directs the Applicant to correct deficiency #14 by providing the cited basement and attic stairs with single handrails, installed at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within sixty (60) days of the date of this decision.
	
15.  The Board hereby directs the Applicant to correct deficiency #15 by removing the cited storage under the basement and attic stairs at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within thirty (30) days of the date of this decision.
	
16.  The Board hereby directs the Applicant to correct deficiency #16 by providing an approved exit sign in the middle repair bay, installed at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within 120 days of the date of this decision.
	
17.  The Board hereby directs the Applicant to correct deficiency #17 by providing this facility with approved emergency lighting, installed at the direction and to the satisfaction of  the West Warwick Fire Marshal’s office, within 120 days of the date of this decision.
	
18.  The Board hereby grants a variance in order to allow the Applicant to provide the cited basement door jamb with an approved solid core door maintaining an approximate fire rating of twenty (20) minutes.  The above door shall be further equipped with approved spring loaded hinges and installed at the direction and to the satisfaction of  the West Warwick Fire Marshal’s office within 120 days of the date of this decision.
	
19.  The Board hereby directs the Applicant to correct deficiency #19 by providing this facility with an approved fire alarm system installed at the direction and to the satisfaction of  the West Warwick Fire Marshal’s office, for industrial occupancies, within 120 days of the date of this decision.
	
20.  During the February 15, 2005 hearing on this matter, the Board was advised that the car lift blocking the means of egress needs to be relocated.  Accordingly, the Board hereby directs the Applicant to relocate the cited car lift away from the egress system, at the direction and to the satisfaction of the West Warwick Fire Marshal’s office within seven (7) days of the date of this decision.  

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)].