The above-captioned cases were scheduled for subcommittee hearing and review on August 19, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias and Jackson were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Albert Heroux of the State Fire Marshal's Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jackson to recommend the attached corrected plan of action to the full Board for approval.  The motion was unanimous.
	The above subcommittee recommendation was thereupon scheduled for hearing and review by the full Board on August 31, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Jackson, Preiss, Jasparro, Dias and Pearson were present.  A motion was made by Commissioner Jackson and seconded by Commissioners Pearson and Dias to approve the subcommittee recommendation and grant the Applicant relief as outlined in the corrected plan of action.  The motion was unanimous.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	As a preliminary matter, the Board notes that former Fire Marshal DaCosta originally cited some of the subject facilities as "high hazard".  However, upon review of this original classification, it was determined subsequently by the Fire Marshal's Office that those facilities would be best classified as "Special Purpose Industrial" in light of their operations and the safeguards in place.  The subcommittee and the Board confirmed the State Fire Marshal's findings that the six (6) subject facilities originally classified as high hazard would be better classified as "Special Purpose Industrial".  The Board further finds that the remaining facilities are primarily industrial operations with minimum manning and no public access.  The Board further finds that many, by the nature of their construction and the operational components, have structural hardships primarily involving travel distances.  The Board further finds that the Applicant has worked diligently to correct as many deficiencies as possible within this facility and has worked closely with the State Fire Marshal's office in developing a plan of action for the correction of the remaining deficiencies or the granting of relief on the basis of structural hardship.
	Finally, the Board hereby incorporates the corrected August 19, 2010 plan of action submitted by the Applicant and approved by the Fire Marshal as an approved plan of action for this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby adopts the August 19, 2010 corrected plan of action for this facility and grants the Applicant both the structural and time relief outlined therein to bring this facility into compliance in accordance with this plan of action, at the direction and to the satisfaction of the State Fire Marshal's office.  In granting this variance, the Board notes that the State Fire Marshal's office has worked closely with the Applicant, has reviewed this plan of action and has no objection to the granting of this relief.  


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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).