The above-captioned case was scheduled for hearing on May 17, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Preiss, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Bento of the Portsmouth Fire Marshals Office.  A motion was made by Vice Chairperson Filippi and seconded by Commissioner Richard 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 April 7, 2011 inspection report compiled by the Portsmouth Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Portsmouth Fire Marshals Office during the May 17, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 2011 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  2.	The Board hereby grants a variance to maintain the existing headroom and existing separation of the industrial occupancy and to seal the cited penetrations with an approved fire caulk at the direction and to the satisfaction of the Portsmouth Fire Marshals Office. As a condition of this relief, the Board accepts the recommendation of the Portsmouth Fire Marshal and  directs the Applicant to provide this facility with an approved local fire alarm system. 
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 for the installation of the local fire alarm system and the correction of Deficiencies 1 and 2 as outlined above. The Board hereby grants the Applicant an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the Portsmouth Fire Marshals Office. The Board hereby grants the Portsmouth Fire Marshals Office the authority to extend the above timelines for good faith efforts being shown by the Applicant.   	
3 - 4.	It is the understanding of the Board that the Applicant has corrected Deficiencies 3 and 4 to the satisfaction of the Portsmouth 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)].