The above-captioned case was scheduled for hearing on May 24, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Preiss, Walker, Jasparro, Dias and Richard 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 Commissioner Blackburn 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 January 3, 2008 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 May 24, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the January 3, 2008 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited means of egress from this facility. In granting this relief, the Board notes the limited travel distance, the limited occupancy, and the structural hardship of providing additional egress within this facility. The Board further notes the active fire protection of the current fire alarm system, smoke and CO detection within this facility. 
2.	It is the understanding of the Board that Deficiency 2 has been corrected and that the cited emergency lighting has been repaired. 
3.	The Board hereby grants the Applicant a time variance, of fifteen (15) days from the date of this Decision, for the Applicant to correct Deficiency 3 by properly testing and maintaining the cited fire extinguishers.
4.	It is the understanding of the Board that Deficiency 4 has been corrected and that the cited fire alarm system has been tested. 


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)].