The above-captioned case was scheduled for hearing on October 27, 2009 at 1:00 P.M. At that time, Acting Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jasparro, Walker, Filippi and Dias  were present.  The fire service was represented by Deputy State Fire Marshals Octavio Vieira and Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Dias 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 February 25, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 27, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the February 25, 2009 inspection report as its initial findings of fact.  Any modification of the Boards 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, shall be 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
1 through 22.	The Board hereby grants a time variance of thirty (30) days, from the date of this Decision, for the Applicant to develop and submit plans to the State Fire Marshals Office for the correction of the listed deficiencies within this facility including the fire alarm and sprinkler installation and/or upgrades.  The Board grants the same thirty (30) day time variance for the Applicant to provide the State Fire Marshals Office with a properly engineered plan addressing and correcting the accumulation of combustible dust within this facility.  The applicant shall then have an additional one hundred twenty (120) days to implement the above plans at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board hereby grants the State Fire Marshals Office the authority to extend the above deadlines for good faith efforts being made by the Applicant. 

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 Applicants 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 Boards 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 Boards 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)].