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.  The Applicant had been called away on an emergency matter.  However, the parties had filed a mutually acceptable and signed plan of action for addressing the deficiencies outlined on the inspection report.  A motion was made by Commissioner Walker and seconded by Commissioner Blackburn to approve the parties mutually acceptable plan of action and grant the Applicant the relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of both a June 11, 2009 inspection report compiled by the North Providence Fire Marshals Office along with a January 30, 2012 plan of action mutually agreed to by the Applicant and the North Providence Fire Marshals Office.  The above report and plan of action were both utilized by the Board and the North Providence Fire Marshals Office during the February 14, 2012 hearing on this matter.  Unfortunately, the Applicant was called to an emergency and was unable to attend this hearing.  However, in light of the mutually agreed upon plan of action, the Board hereby incorporates the June 11, 2009 inspection report and the January 30, 2012 mutually agreed upon plan of action 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by cleaning the cited hood and servicing all heads to the satisfaction of the North Providence Fire Marshals Office.  The Board hereby directs the Applicant to maintain the cited hood and duct system in the future.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop plans and submit them to the North Providence Fire Marshals Office for the correction of deficiency 2 by providing a domestically supplied sprinkler head in the boiler room in lieu of providing separation.  The Board grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	3.  The Board grants the Applicant the above time variance in order to provide this facility with an approved key access box installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	4.  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct deficiency 4 by providing a wall to separate the mercantile from the residential occupancy at the direction and to the satisfaction of the North 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)].