The above-captioned case was scheduled for hearing on November 23, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Walker, Richard, Dias and Pearson were present.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Dias 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 in sequence with those of an October 25, 2010 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the North Kingstown Fire Marshals Office and the State Fire Marshals Office during the November 23, 2010 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.  (10-2863-VN).  During the November 23, 2010 hearing on this matter, the Board was advised and finds that the Applicant plans to utilize this facility for cold storage that is not hazardous.  The Board has been further advised that there is no electricity in this facility and no heat and that the occupancy shall be strictly limited.  Accordingly, the Board has determined that this storage facility is more comparable to a farm building.  In light of the above, the Board hereby grants a variance in order to allow the Applicant not to provide this facility with an approved local fire alarm system as long as it maintains its current status as outlined above.
	2.  (10-2866-VN)  In light of the limited occupancy and use of this facility, the Board hereby grants a variance in order to allow the Applicant to maintain this facility pursuant to its proposed plan to cluster the buildings, at the direction and to the satisfaction of the State and North Kingstown Fire Marshals offices.

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)].