The above-captioned case was scheduled for hearing on June 19, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard 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 Dias 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 with those of a February 4, 2010 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 June 19, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the February 4, 2010 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.  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 for the installation of an approved municipally connected fire alarm system within this facility.  The Board further grants the Applicant an additional 150 days in order to implement the above plan by installing a municipally connected fire alarm at the direction and to the satisfaction of the North Providence Fire Marshals Office.  Finally, the Board hereby authorizes the North Providence Fire Marshals Office to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing this facility with an approved key access box.
	3.  The Board notes that there is no item 3 listed on the February 4, 2010 inspection report.
	4.  The Board notes that there is no item 4 noted on the February 4, 2010 inspection report.
	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 the building with exterior emergency lighting at the direction and to the satisfaction of the North Providence Fire Marshals office.
	6.  The Board notes that there is no item 6 listed on the February 4, 2010 inspection report.
	7.  The Board notes that there is no item 7 listed on the February 4, 2010 inspection report.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 8 by properly fire rating the stairwell and office door, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	9.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 9 with the installation of approved, domestically supplied sprinkler heads over the boiler of this facility.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 10 by providing approved fire separation of the chemical storage area in the rear of the building, at the direction and to the satisfaction of the North Providence Fire Marshals Office.
	11.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency11 by providing all exit doors with automatic closing devices.
	12.  During the June 19, 2012 hearing on this matter, the North Providence Fire Marshals Office advised the Board of his opinion that the classification of hazards within this facility should be a special hazard occupancy as opposed to a high hazard occupancy.  Upon review of the North Providence Fire Marshals determination, the Board confirms his determination and would note that deficiency 12, relating to a high hazard occupancy, would therefore be moot.

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)].