The above-captioned case was scheduled for hearing on January 4, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Richard, Jasparro, Pearson, Walker, Dias and Filippi were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Fournier and Paul Doyle of the Providence Fire Marshals Office.  A motion was made by Commissioner Jasparro 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 an October 25, 2010 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the January 1, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 25, 2010 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 January 4, 2011 hearing on this matter, the Board was advised that the Applicant and the Providence Fire Marshals Office had developed a plan of action for this facility, and the Providence Fire Marshals Office recommended specific timelines for the implementation of that plan of action.  Accordingly, the Board hereby adopts the Providence Fire Marshals recommendation for item 1 as follows.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit to the Providence Fire Marshals Office a plan of action for the correction of deficiency 1.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action by providing both facilities with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the Providence Fire Marshals Office.  Finally, the Board hereby grants the Providence Fire Marshals Office the ability to extend the above deadline for good faith efforts being shown by the Applicant.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 to the satisfaction of the Providence Fire Marshals Office.
	3-4.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to correct deficiencies 3 and 4 by providing these facilities with approved emergency lighting and exit signage at the direction and to the satisfaction of the Providence Fire Marshals Office.  Again, the Providence Fire Marshals Office has been granted the ability to extend the above deadline for good faith efforts being shown by the Applicant.
	5-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	10.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 10 by relocating the cited dumpster at the direction and to the satisfaction of the Providence Fire Marshals Office.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	12.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 12 by properly servicing and tagging the cited portable fire extinguishers of this facility and further training the employees in the use of these fire extinguishers, at the direction and to the satisfaction of the Providence Fire Marshals 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 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)].