The above-captioned case was scheduled for hearing on September 18, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Walker, Jasparro, Richard and Burlingame were present.  Commissioner Jackson recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the September 18, 2012 hearing on this matter, the Board had before it a November 19, 2010 plan review report, compiled by the North Smithfield Fire Marshals Office, covering the subject facility.  The Board also had before it an August 17, 2012 attachment to the variance application, prepared by the Applicants Counsel, outlining the Applicants operation and providing a basis for the requested relief.  There appears to be no significant conflict between the above documents and the parties are in agreement as to the basic facts.  Accordingly, the Board hereby adopts both the November 19, 2010 plan review report and the August 17, 2012 attachment as its initial findings of fact.  Any modification of the Boards initial findings shall be noted herein. 
	The Board specifically finds that the Applicant is in the process of expanding and upgrading its West Farnum Substation.  The Board further finds that, as part of the substation upgrade, the Applicant is constructing a new building to enclose the substation equipment and controls.  The Board finds that the new building is a one story structure having approximately sixteen thousand (16,000) square feet in total area. 
	The Board finds that the North Smithfield Fire Marshals Office has requested that the Applicant provide an approved on-site water supply and that the Applicant has agreed to comply with this request. 
	The Board further finds that the North Smithfield Fire Marshals Office has requested that the fire alarm system be connected to the North Smithfield Fire Department utilizing a radio master box.  The Board finds that the Applicant is requesting relief from this current requirement on a number of grounds including the physical safety of the North Smithfield emergency responders.  
	Based upon the documentation submitted and the presentation of Counsel, the Board finds that the systems within the West Farnum Substation include equipment utilizing 345,000 volts and equipment utilizing 115,000 volts.  The Board further finds that the substation is entirely enclosed with a chain link fence and further maintains only limited combustibles.  The Board further finds that the proposed substation shall be operated as an un-manned enclosure for electrical equipment.  The Board finds that the Applicant maintains a fire alarm system and additional hazard detection equipment which is directly and continually monitored by National Grids New England Regional Control Center. 
	Finally, the Board takes administrative notice that the proposed Rhode Island amendments to the 2012 Edition of NFPA 101 (Life Safety Code), currently under consideration by the Board, would increase the threshold square footage, required for municipal connection of the fire alarm system in an industrial occupancy, to thirty thousand (30,000) square feet.    

CONCLUSIONS AND VARIANCE REQUESTS

1.	It is the understanding of the Board that the Applicant shall correct Deficiency 1 by developing a plan of action, with the North Smithfield Fire Marshals Office, for the securing of an approved alternative water supply for the subject facility. 
2.	The Board hereby grants a variance to allow the Applicant to maintain the fire alarm system of the subject facility without municipal connection through December 31, 2012.  In the event that the new Rhode Island Fire Safety Code, which will become effective January 1, 2013, does not mandate municipal connection for the subject facility, no further action shall be necessary and the above relief shall be considered permanent. In the event that municipal connection would be required under the new Rhode Island Fire Safety Code, the parties may return to the Board for further review.  Accordingly, the current lack of municipal connection shall not restrict the Applicants ability to secure a temporary certificate of occupancy (TCO) for this facility. 
	As a further condition for the above relief, the Board directs the parties to develop approved alternative protocols for notifying the North Smithfield Fire Department in the event of a fire emergency.  The Board further directs the Applicant to place an approved key box at the Greenville Road Gate in order to allow the fire department personnel to proceed from the gate to the inner chain link fence line of this facility.  In light of the danger associated with high voltage equipment, and the probable use of water in any suppression efforts, the Board agrees with the Applicants Counsel that the fire department personnel should not enter this un-manned facility, through the inner chain link fence line, without a National Grid escort.   

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)].