The above-captioned case was scheduled for hearing on November 30, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Preiss, Walker, Blackburn, Pearson, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gregory Unsworth of the North Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Walker abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 24, 2010 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the November 30, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the August 24, 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 
	1-14.  The Board hereby grants the Applicant a time variance of one (1) year from the November 30, 2010 hearing date in which to correct deficiencies 1 through 14, at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board further directs the parties to return to the Board within eight (8) months of the November 30, 2010 hearing date to present the Board with a progress report.
	15.  During the November 30, 2010 hearing on this matter, the Board was advised that the Applicant maintains approximately 10-12 people on the second floor of this facility.  The Applicant has requested relief from providing an additional means of egress from the second floor.  The parties proposed that the Applicant would comply with a hallway leading to the second exit and onto a loading dock.  The Board was further advised that the Applicant would provide the loading dock stairs with a compliant railing.  Accordingly, the Board hereby grants a variance from the provisions of section 7.4.1.1 and its referenced standards in order to allow the Applicant to maintain the existing second floor egress as modified above.  In granting this relief, it is the understanding of the Board that the North Providence Fire Marshals Office has no objection.
	16-22.  The Board hereby grants the Applicant the same time variance as outlined in items 1-14 above in order to correct deficiencies 16 through 22.
	23.  During the November 30, 2010 hearing on this matter, the Board was advised that the Applicant maintains the outside storage area within four to five feet (4-5) from the property line.  However, the Board was further advised that this contains only empty containers and miscellaneous storage (5 gallon pails).  Finally, the Board was advised that the North Providence Fire Marshals Office would not have an objection to this relief if both the debris and vegetation were removed from this area, at the direction and to the satisfaction of his Office.  Accordingly, the Board hereby grants a variance from the provisions of NFPA 1 section 60.4.9 in order to allow the Applicant to maintain the above described limited outside storage conditioned upon the removal of all debris and vegetation from this area.  Finally, the Board directs the Applicant to re-swing the exit door from the basement into the area and not to provide any storage in the exit path, at the direction, to the satisfaction and within a timetable established by the North Providence Fire Marshals Office.
	24.  The Board hereby grants a variance from the provisions of NFPA 1 section60.5.7 in order to allow the Applicant to maintain the existing floor construction of the floor in the plating room of this facility. 

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)].