The above-captioned case was scheduled for hearing on April 2, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairperson Filippi to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Pearson abstaining from the vote.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 28, 2013 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the April 2, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the January 28, 2013 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the April 2, 2013 hearing on this matter, the North Kingstown Fire Marshals Office advised the Board that three years ago he was informed that there would be no painting of vehicles occurring on site.  However, the North Kingstown Fire Marshals Office further advised the Board that his recent inspection of this facility disclosed evidence that painting of vehicles was taking place.  The Applicant advised the Board that he was currently in compliance with the DEM guidelines for painting.  However, the Board notes that the Fire Code guidelines for painting address different concerns and that the DEM requirements simply supplement rather than supersede the Fire Code requirements.  In light of the above, the Board hereby grants 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 for bringing this facility into compliance with the code, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  The Board further grants the Applicant an additional 150 days to implement that plan of action, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  Finally, the Board notes that the North Kingstown Fire Marshals Office may extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.  Accordingly, the Applicant is directed to correct deficiency 1 within the above timetable.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with an approved ventilation system within the above timetable.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by repairing the cited emergency light at the north exit door of this facility, at the direction and to the satisfaction of the North Kingstown 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)].