The above-captioned case was scheduled for hearing on March 26, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Walker, Jackson, Sylvester and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Mello of the Tiverton Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Dias 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 January 21, 2013 inspection report compiled by the Tiverton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshals Office during the March 26, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the January 21, 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.  The Board hereby grants a variance from the provisions of section 19.2.1.4 in order to allow the Applicant to maintain the cited dumpster at its current location conditioned upon the Applicants maintaining the steel cover over this dumpster, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.
	2.  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 to the Tiverton Fire Marshals Office for the correction of deficiency 2.  The Board further grants the Applicant an additional 150 days to implement the above plan of action, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.  Finally, the Board notes that the Tiverton Fire Marshals Office shall have the authority 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 the time variance outlined in item 2 above in order to correct deficiency 3 by providing this facility with an approved local fire alarm system at the direction and to the satisfaction of the Tiverton Fire Marshals office.  
	4.  During the March 26, 2013 hearing on this matter, the Board was advised that the Applicant would need additional time in order to develop a plan of action for the correction of deficiency 4 by providing an approved second means of egress from this facility.  The Board hereby directs the Applicant to work with the Tiverton Fire Marshals Office in order to develop an approved alternative plan of compliance for providing protection of the second means of egress through either separation or sprinkler head coverage or modification of the garage door, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.  With regard to the time necessary for this project, the Board hereby grants the Applicant a time variance of six (6) additional months from the deadline of the time variance granted in item 2 above in order to correct deficiency 4 to the satisfaction of the Tiverton Fire Marshals Office.  Any plan approved by the Tiverton Fire Marshals Office for the correction of deficiencies shall be considered approved by the Board.  Finally, the Tiverton Fire Marshals Office shall have the authority to extend the above timeline for good faith efforts being shown by the Applicant.
	5.  The Board hereby grants the Applicant the time variance outlined in item 4 above in order to correct deficiency 5 at the direction and to the satisfaction of the Tiverton Fire Marshals Office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 within the time period outlined in item 2 above by providing this facility with approved emergency lighting.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by removing the multi-plug adapters from this facility.
	8. The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct deficiency 8 by addressing the wiring within this facility.
	9.  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to allow the Applicant to correct deficiency 9 by addressing the unused and abandoned electrical wiring cited in the January 21, 2013 inspection report.
	10.  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct deficiency 10 by addressing all of the labeling of the electrical panels of this facility, at the direction and to the satisfaction of the Tiverton Fire Marshals Office.
	11.  The Board hereby grants the Applicant a time variance of fifteen (15) days from the date of this decision in which to correct deficiency 11 by providing this facility with approved properly maintained and inspected fire extinguishers.
	12.  The Board hereby grants the Applicant the time variance outlined in item 11 above in order to ensure that the fire extinguishers on the floor have been properly hung, at the direction and to the satisfaction of the Tiverton 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)].