The above-captioned case was scheduled for hearing on February 14, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 4, 2009 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the February 14, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the June 4, 2009 inspection report as its initial findings of fact.  In addition the Board finds that this is a family-run business.  The Board further finds that the front portion of this building, utilized primarily for the bottling of soda and water, is of non-combustible concrete construction. 

The Board further finds that the general storage within this building, primarily soda and water, would also be considered non-combustible and non-hazardous.  The Board finds that the Applicant has eliminated the two (2) small residential units on the second floor and that there shall be no overnight occupancy within this facility in the future.  The Board further finds that the building has a maximum of four (4) people working and that it is only occupied during the daytime.  Finally, the Board finds that the only public space in the building is a small store and customer pick-up area, of approximately one hundred eighty (180) square feet, that is segregated from the remainder of the building. 
In light of the above, the Board notes that the relief granted herein is contingent upon the Applicant maintaining the status quo of this facility.  Any change in the intensity of use, the general operation and/or family ownership of this facility would be grounds for the North Providence Fire Marshals Office to request reconsideration of the relief granted herein by the Board. 

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.	In light of the limited use and occupancy of this facility as outlined above, the non-combustible construction of a large portion of the industrial and storage areas, the elimination of the residential occupancy, and the limited public area and access, the Board hereby grants a conditional variance suspending the fire alarm requirements for this facility as long as the Applicant maintains the limited use and occupancy as outlined in the findings of fact above.  Any change in use, occupancy and/or the family ownership would be grounds for the North Providence Fire Marshals Office to request reconsideration of the relief herein by the Board.  In granting this relief, the Board notes that the North Providence Fire Marshals Office had no objection in light of the national (NFPA) thresholds for requiring fire alarm protection in existing industrial and existing storage occupancies and the above findings of fact.  
2.	 The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in which to submit a plan of action to the North Providence Fire Marshals Office, for the correction of deficiency 2 by providing this facility with an approved key access box.  The Board hereby grants an additional one hundred twenty (120) days to allow the Applicant to implement the above plan of action at the direction and to the satisfaction of the North Providence Fire Marshals Office. The Board hereby authorizes the North Providence Fire Marshals Office to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
3.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in which to submit a plan of action to the North Providence Fire Marshals Office, for the correction of deficiency 3, by either providing the boiler room with the required separation or domestically-supplied sprinkler head coverage, at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board hereby grants an additional one hundred twenty (120) days to allow the Applicant to implement the above plan of action at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board hereby authorizes the North Providence Fire Marshals Office to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
4  6	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in which to submit a plan of action to the North Providence Fire Marshals Office for the correction of deficiencies 4, 5 and 6 by providing this facility with approved fire extinguishers, exit signs and emergency lights.  The Board hereby grants an additional one hundred twenty (120) days to allow the Applicant to implement the above plan of action at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board hereby authorizes the North Providence Fire Marshals Office to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
7.	The Board hereby grants the Applicant a variance in order to maintain the existing separation of the stairwell serving the basement and the two stairwells serving the second floor.  In granting this relief, the Board notes that the basement is generally unoccupied and is separated by a solid wood door to the satisfaction of the North Providence Fire Marshals Office.  The Board further notes that the residential occupancy on the second floor of this facility has been eliminated and that this level will only be utilized for incidental storage space in the future. 
8.	It is the understanding of the Board that the Applicant has corrected Deficiency 8 by removing the cited storage in front of the electrical panels and shall maintain this space clear of obstructions in the future. 
9.	The Board notes that there is no Deficiency 9 listed on the June 4, 2009 inspection report that was reviewed during the February 14, 2012 hearing. 
10.	It is the understanding of the Board that the Applicant has corrected Deficiency 10 by repairing the cited open electrical boxes in the rear of the building. 
11  14. During the February 14, 2012 hearing on this matter, the Board was advised that the Applicant had eliminated the residential occupancy of the second floor that gave rise to Deficiencies 11, 12, 13 and 14.  Accordingly, the Board finds that Deficiencies 11, 12, 13 and 14 are now moot.
15.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision in which to submit a plan of action to the North Providence Fire Marshals Office for the correction of deficiency 15 by separating the cited tunnel with a double five-eighths sheet rock door assembly and door acceptable to the North Providence Fire Marshals Office.  The Board hereby grants an additional one hundred twenty (120) days to allow the Applicant to implement the above plan of action at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board hereby authorizes the North Providence Fire Marshals Office to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.

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)].