The above-captioned case was scheduled for hearing on February 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Pearson, Dias, Preiss and Jasparro were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian, James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jasparro 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 a plan of action developed by the Applicants engineer dated January 7, 2011.  The East Providence Fire Marshals Office had previously requested that the Board utilize the Applicants engineers report in light of the fact that there was no officially generated inspection or plan review report from 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 February 8, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 7, 2011 engineers 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.  The Board hereby grants a variance from the provisions of NFPA 13 section 8.14.10.3 in order to allow the Applicant to omit sprinkler coverage from the fully enclosed electrical room of this facility.  In granting this relief, the Board directs the Applicant to provide this area with approved heat detection, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office.
	2.  The Board hereby grants a variance from the provisions of NFPA 13 section 8.1.1 in order to allow the Applicant to omit sprinkler coverage directly over the tray-furnace within this facility.  In granting this relief, it is the understanding of the Board that the existing tray-furnace is a primary piece of equipment used as part of the recycling process at the Applicants company.  The Board was further advised that direct exposure to water can cause significant damage to the tray-furnace, potentially putting the furnace out of commission for several months.  In granting this relief, it is the understanding of the Board that the remainder of the building shall be equipped throughout with automatic sprinkler coverage and that the Applicant has put into force and effect an emergency in-house plan for the proper shutting down of the tray furnace if the situation should arise.
	Finally, the Board notes that if the furnace were exposed to water, there is also the possibility of explosion and harm to the remaining occupants of the building.
	3.  The Board hereby grants a variance from the provisions of RI Uniform Fire Code section 13.7.1.1 in order to allow the supplementary beam-type smoke detectors to be controlled by the buildings security system and to transmit alarm signals to the new fire alarm control panel through the building security system.  This variance is granted pursuant to the Applicants representation that the beam smoke detectors are currently activated when the building is unoccupied and are deactivated during hours of occupancy when the beams could be interrupted by outside factors, thereby generating false alarms.
	4.  The Board hereby grants the Applicant a time variance of twenty-four (24) months from the date of this decision in which to allow the Applicant to install a door in the second floor leading directly to the exterior stairs and to provide a proper means of egress from the second floor, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  In granting this variance, the Board notes that the conference room occupancy shall be limited to a maximum of fifteen (15) people and that the East Providence Fire Marshals Office has no objection.

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)].