The above-captioned case was scheduled for hearing on April 12, 2005 at 1:00 P.M.  At that time, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame 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 Preiss and seconded by Commissioner Newbrook 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 9, 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 April 12, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 9, 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 this Code, or as approved in particular by the State Fire Marshal.”

CONCLUSIONS AND VARIANCE REQUESTS
	
1.-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5 and 6 at the direction and to the satisfaction of the West Warwick Fire Marshal’s office.
	
7.  The Board hereby grants a variance from the provisions of NFPA 33 Chapter 3.1.4 and its referenced NFPA 101 provision 7.11.4 in order to allow the Applicant to maintain the existing egress from the spray room area.  In granting this variance, it is the understanding of the Board that the Applicant has voluntarily provided this facility with an approved municipally connected fire alarm system and sprinkler system, and that the spray booth in question maintains one (1) vehicle in a sealed unit.  Finally, it is the understanding of the Board that the Applicant could operate the overhead door in the event of an emergency, and utilize this door as an emergency means of egress.  In light of this relief, the Board hereby directs that the current municipally connected fire alarm and sprinkler system shall be deemed to be required systems for purposes of maintenance.
	
8.-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 8, 9, 10, 11, 12, 13, 14 and 15 at the direction and to the satisfaction of the West Warwick Fire Marshal’s office.

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)].