The above-captioned case was scheduled for hearing on January 24, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian, James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Dias 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 June 18, 2011 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the January 24, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the June 18, 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 
	1-6.  During the January 24, 2012 hearing on this matter, the Board was advised by the parties that the Applicant planned to correct all of the deficiencies with the exception of item 7.  During the hearing the Applicant further agreed to have the sprinkler system of this facility inspected and certified within thirty (30) days.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to have the sprinkler system inspected and certified and to further present the East Providence Fire Marshals Office with a plan of action for the correction of deficiencies 1 through 6.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action and to correct deficiencies 1 through 6 at the direction and to the satisfaction of the East Providence Fire Marshals Office.  Finally, the Board hereby authorizes the East Providence Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	7.  In light of the limited and non-public occupancy of the rear egress that leads from the manufacturing area to the garage area, the Board hereby grants a variance from the provisions of sections 40.2.1, 7.1.3.2.1 and their referenced standards in order to allow the Applicant to maintain a marked unobstructed walkway of a minimum of forty four (44) inches in width, free from all vehicle and storage obstructions, to comprise part of the rear egress system leading from the manufacturing area to the garage area of this facility.  The above industrial marked walkway shall be painted at the direction and to the satisfaction of the East Providence Fire Marshals Office in order to ensure that the occupants of this facility shall maintain it in full operational conditions at all times.  The Applicant shall have the time variance granted in items 1-6 above in order to submit its plans for the walkway and to complete the marking of this walkway, at the direction and to the satisfaction of the East Providence 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)].