The above-captioned case was scheduled for hearing on January 31, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief John Walsh of the Cumberland Fire District Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Blackburn.

FINDINGS OF FACT
	The numbers of the Decision below initially correspond with those of a June 5, 2009 inspection report compiled by the Cumberland Fire District Fire Marshals Office.  The numbers then correspond in sequence with those of a January 30, 2012 follow-up report compiled by the Cumberland Fire District Fire Marshals Office.  Accordingly, the Board hereby incorporates both the June 5, 2009 and the January 30, 2012 inspection reports 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.  At the conclusion of the hearing on this matter, the Board granted the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action to the Cumberland Fire District Fire Marshals Office for the correction of the outstanding deficiencies.  The Board further granted the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the Cumberland Fire District Fire Marshals Office.  Finally, the Board authorized the Cumberland Fire District Fire Marshal and Fire Chief to extend either or both of the above timelines for good faith efforts being shown by the Applicant.  Accordingly, the Board hereby grants the Applicant the above time variance in order to correct deficiency 1 by providing this facility with approved illumination, at the direction and to the satisfaction of the Cumberland Fire District Fire Marshals Office.  
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to provide this facility with approved emergency lighting, at the direction and to the satisfaction of the Cumberland Fire District Fire Marshals Office.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by properly marking the means of egress at the direction and to the satisfaction of the Cumberland Fire District Fire Marshals Office.
	4.  The Board has been advised that deficiency 4 has been corrected and that the Cumberland Fire District Fire Marshals Office will soon be in receipt of the paperwork confirming the correction of deficiency 4 by providing sprinkler coverage in the spray booth area.
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to allow the Applicant to correct deficiency 5 by providing this facility with a fire alarm system.  The Board notes that the Cumberland Fire District Fire Marshals Office has the ability to extend the above time lines for good faith efforts being shown by the Applicant.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 and that the Applicant is continuing to maintain the fire extinguishers of this facility in good operational order.
	7.  (January 30, 2012 report item 1).  The Board hereby grants the Applicant a variance to maintain the existing cited set of stairs into the break room of this facility provided that the Applicant protects the area underneath the stairs by installing 5/8 sheetrock at the direction and to the satisfaction of the Cumberland Fire District Fire Marshals Office on the underside of this set of stairs.  The Applicant shall have the time frame outlined in item 1 above in order to make this correction.
	8.  (January 30, 2012 report item 2).  Based upon the documentation presented, the Board hereby grants a variance from the provisions of section 40.2.5 and its referenced standards in order to allow the Applicant to maintain the current egress from the subject facility without installing a separate exit door within the north overhead (roll-up) garage door.  Upon review of the documentation presented and the fact that this space is limited to a small number of permanent employees and not the public, the Board has determined that there is sufficient egress from this area.

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)].