The above-captioned case was scheduled for hearing on September 20, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairman Filippi and Commissioners Richard, Sylvester, Burlingame, Walker, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Fagan of the Pascoag Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Vice Chairperson Filippi and 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 July 11, 2011 inspection report compiled by the Pascoag Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Pascoag Fire Marshals Office during the September 20, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the July 11, 2011 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.  During the September 20, 2011 hearing on this matter, the Board was advised that the Applicant would not occupy the second floor of this facility, and would also eliminate electrical service to the second floor.  In light of the above, the Applicant is seeking relief from providing this facility with a local fire alarm system under provisions of the code that require such a system when a building has more than one (1) story above grade.  Accordingly, the Board hereby grants the Applicant a variance from the provisions of section 37.3.4.1.1 and its referenced standards to allow the Applicant not to provide this facility with an approved fire alarm system during that period of time that the Applicant is only occupying the existing first floor level of this facility, which is less than 2500 square feet.  In the event the Applicant plans to occupy the second floor level in the future, the Applicant must first install the required fire alarm system, at the direction and to the satisfaction of the Pascoag Fire Marshals Office.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with approved fire extinguishers.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing this facility with approved exit signage.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by providing the required special signage, at the direction and to the satisfaction of the Pascoag Fire Marshals Office.

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)].