The above-captioned case was originally scheduled for hearing on January 4, 2011 and a written decision was issued on February 9, 2011.  The above captioned case was most recently scheduled for hearing on October 18, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Sylvester, Jackson, Pearson, Jasparro and Dias were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in file number 100272 as its initial findings of fact in this case.  The Board was further advised by the Applicants representative and finds that the owners of the facility were originally planning to sell this facility.  However, they now wish to stay and fully comply with the code.  The Board was further advised and finds that the East Providence Fire Marshals Office has no objection to the recently submitted October 14, 2011 plan of action that had been revised on October 17, 2011 by the Applicant.  Accordingly, the Board hereby incorporates the October 14, 2011 plan of action which was revised on October 17, 2011 by the Applicant as its initial findings of fact in this case.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-36.  With the exception of the two (2) items outlined below, the Board hereby approves the Applicants October 14, 2011 plan of action which was revised by the parties on October 17, 2011.  Accordingly, with the two (2) exceptions outlined below, the Applicant shall be allowed to implement his new plan of action from the date of this decision.  The only exceptions to the above approved plan of action would be for the Applicant to address items 2 and 7 within thirty (30) days of the hearing date.  Specifically, the Applicant is to immediately address the stock of flammable liquids at the direction and to the satisfaction of the East Providence Fire Marshals Office and to further ensure the proper inspection and testing of the fire extinguishers at the direction and to the satisfaction of the East 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)].