The above-captioned cases were scheduled for hearing on March 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Walker, Filippi, Dias and Jasparro were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshals Paul Manning, Michael Macaruso and Octavio Vieira of the State Fire Marshals Office.  A motion to accept the Applicants plan of action with the conditions outlined herein was made by Commissioner Dias and seconded by Commissioner Jasparro.  The motion was unanimous.
FINDINGS OF FACT
	The Board notes that the deficiencies outlined in the subject facilities are listed in three (3) inspection reports compiled by the State Fire Marshals Office.  Specifically, the deficiencies are outlined in inspection report file number 20-2667-1, 29-2667-2 (it appears to the Board that this report should actually be titled 20-2667-2) and 20-2667-3.  The above reports are all dated February 16, 2009.  During the March 8, 2011 hearing, the Board was also presented with a nine-page Bristol Industrial Park Master Plan developed by The Urban Design Group.  Accordingly, the Board hereby incorporates the above inspection reports along with the Bristol Industrial Park Master Plan 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 March 8, 2011 hearing on this matter, the Board was advised by the State Fire Marshals Office that this facility did not maintain a fire alarm system but did have a sprinkler system throughout that was currently being investigated.  The Board was further advised that this building is approximately sixty percent occupied as industrial with only a very small percentage of high hazard.  The Board was further advised that there is an elderly housing unit that has been separated by two-foot thick walls.  The Board was further advised that the Applicant has been providing fire extinguishers, exit signage, emergency lights, cleared egress and general housekeeping.  The consensus of the State Fire Marshals Office appears to be that the Applicants approach is working in this situation.
	In light of the above, the Board hereby approves the Applicants plan of action with the following conditions.  The Board directs the Applicant to maintain the current sixty percent occupancy of the space until the project is completed.  The Board further directs the Applicant to return within one (1) year of the date of this decision to report on the progress.  Finally, the Board notes that the State Fire Marshals Office may extend any of the plan of action timelines for good faith efforts being shown by the Applicant.  

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)].