The above-captioned case was scheduled for hearing on June 14, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairperson 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 a February 11, 2009 inspection report compiled by the North Smithfield Fire Marshals Office. The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the hearing on this matter.  Accordingly, the Board hereby incorporates the February 11, 2009 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	During the June 14, 2011 hearing on this matter, the Applicant advised the Board that he had recently lost one third of his business and that his staff had been reduced from fourteen (14) to three (3) employees. He further advised the Boards that he was willing to close off, and not occupy, the second floor of this facility (with the exception of a single bathroom at the top of a stairway) until such time as he provided this building with an approved fire alarm system. 
The Board notes that the above reduction of occupied space would also bring the occupied space of this building below the threshold for the installation of a fire alarm system. Accordingly, the Board hereby grants this Applicant a time variance, to be allowed to maintain the first floor and second floor bathroom space without a fire alarm system until such time as the Applicant re-occupies the second floor of this facility. Specifically, the Applicant shall provide the facility with an approved fire alarm system prior to the re-occupancy of the second floor of this facility. This variance is limited to the current Applicant and the current operations within this facility. 
2.	The Board hereby directs the Applicant to correct Deficiency 2, by providing this facility with an approved key access box, in accordance with the time variance outlined in Item 1 above, as part of the above fire alarm installation.
3.	The Board hereby grants that Applicant a time variance, of thirty (30) days from the date of this Decision, in which to correct Deficiency 3 by providing this building with approved address markings at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
4.	The Board hereby grants that Applicant a time variance, of thirty (30) days from the date of this Decision, in which to correct Deficiency 4, by providing the D & J ATV portion of this facility with an approved portable fire extinguisher, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
5.	The Board hereby grants that Applicant a time variance, of thirty (30) days from the date of this Decision, in which to correct Deficiency 5 by properly testing and certifying the fire extinguishers located in the Donada Inc. portion of this facility, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.
6.	The Board hereby grants this Applicant a time variance, to be allowed to maintain the first floor and second floor bathroom space without a second means of egress from the D & J ATV portion of this facility until such time as the Applicant re-occupies the second floor of this facility. Specifically, the Applicant shall provide the facility with an approved second means of egress prior to the re-occupancy of the second floor of this facility. This variance is limited to the current Applicant and the current operations within this facility. 
7.	The Board hereby grants that Applicant a time variance, of thirty (30) days from the date of this Decision, in which to correct Deficiency 7 by properly testing and repairing the emergency lighting within this facility, at the direction and to the satisfaction of the North Smithfield Fire Marshals Office.

STATUS OF DECISION AND APPEAL RIGHTS
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)].