The above-captioned case was scheduled for hearing on July 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker and Dias were present.  The fire service was represented by Deputy State Fire Marshal Christopher Moore of the State 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 was unanimous.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an August 28, 2008 inspection report compiled by the State Fire Marshals Office.  The above inspection report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 19, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 28, 2008 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision to submit a plan of action to the State Fire Marshals Office for the separation of the approximate four hundred (400) square foot office/retail area of Building 1 from the remaining storage areas within Building 1.  In providing this separation, the Applicant may utilize the separation guidelines either outlined in Section 10-5-1.3 or any comparable listed or non-listed assembly acceptable to the State Fire Marshals Office.  The Board further grants the Applicant an additional one hundred twenty (120) days to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.  The Board notes that once the above separation is accomplished to the satisfaction of the State Fire Marshals Office, a fire alarm system shall not be required for Building 1 and Deficiency 1 shall be moot.  Finally, the Board hereby authorizes the State Fire Marshals Office to extend either or both of the above timelines in light of good faith efforts by the Applicant. 
2  5.	During the July 19, 2011 hearing, the Board was advised and finds that the Applicant has corrected Deficiencies 2, 3, 4 and 5, as outlined within the August 28, 2008 inspection report, to the satisfaction of the State 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)].