The above-captioned case was scheduled for hearing on November 1, 2011 at 1:00 P.M. At that time, Vice Chairperson Filippi and Commissioners Richard, Sylvester, Jackson, Walker, Pearson and Dias were present.  Commissioner Burlingame recused himself from consideration of this case. The fire service was represented by Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an October 28, 2011 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Fire Marshals Office during the November 1, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 28, 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	During the hearing on this matter, the Board was advised that Deficiency 1 had been corrected and that the State Fire Marshal would confirm this.
2  5.	It is the understanding of the Board that the State Fire Marshal has confirmed that Deficiencies 2, 3, 4 and 5 have been corrected.
6  8	It is the understanding of the Board that this facility is under the current 2,500 square foot threshold for the installation of a fire alarm system and that therefore the Applicant has removed the original system. Accordingly, the Board finds Deficiencies 6, 7 and 8 to be moot. 
9  11.	  It is the understanding of the Board that the State Fire Marshal has confirmed that Deficiencies 9, 10 and 11 have been corrected.
12.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision to have a licensed contractor, or other qualified professional, provide the State Fire Marshals Office with confirmation of the suitable separation between storage and residential occupancies within this facility. The Board notes that the Applicant  shall be allowed to continue to occupy the building during this period. 

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)].