The above-captioned case was scheduled for hearing on October 19, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Richard, Jasparro, Pearson, Dias and Filippi were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian and James Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Richard 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 an August 21, 2008 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the October 19, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the August 21, 2008 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, 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the October 19, 2010 hearing on this matter, the Board was advised by the East Providence Fire Marshals Office that the current storage cartons compromise the sprinkler system of this facility and that the East Providence Fire Marshal was requesting that the level of storage be lowered.  The Applicant agreed to comply with this request.  Accordingly, the Board hereby directs the Applicant to correct deficiency 1 by lowering the level of storage in this facility to a point satisfactory to the East Providence Fire Marshals Office when, in the opinion of that Office, the sprinkler coverage would not be compromised.  The Board directs the Applicant to correct this deficiency within the general time frame granted him for the remaining deficiencies, of sixty (60) days from the date of this decision to develop and submit a plan of action and 120 days to implement that plan of action, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  Finally, the Board hereby grants the East Providence Fire Marshals Office the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  The Board hereby directs the Applicant to correct deficiency 2 at the direction and to the satisfaction of the East Providence Fire Marshals Office within the time frames outlined in item 1 above.
	3.  The Board notes that there is no item 3 listed in the August 21, 2008 inspection report compiled by the East Providence Fire Marshals Office.
	4.  The Board directs the Applicant to correct deficiency 4 at the direction and to the satisfaction of the East Providence Fire Marshals Office within the time frames outlined in item 1 above.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by properly maintaining aisle widths throughout this facility and on the mezzanine level with permanent floor markings at the direction and to the satisfaction of the East Providence Fire Marshals Office within the timetable outlined in item 1 above.
	6.  The Board hereby directs the Applicant to correct deficiency 6 at the direction and to the satisfaction of the East Providence Fire Marshals Office within the time frame outlined in item 1 above.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the blockage from the cited means of egress.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by properly maintaining the emergency lighting within this facility.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by unblocking the fire extinguishers in the rear storage areas of this facility.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by properly maintaining and testing the sprinkler system of this facility.
	11-12.  The Board hereby directs the Applicant to correct deficiencies 11 and 12  by providing this entire facility with approved sprinkler coverage on every level at the direction and to the satisfaction of the East Providence Fire Marshals Office within the time frames outlined in item 1 above.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by replacing the cited wall cap.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing additional spare sprinkler heads.
	15.  (Noted as the second item 14).  It is the understanding of the Board that the second item 14 is informational in nature and not a violation of the State Fire Code.

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)].