The above-captioned case was scheduled for hearing on October 19, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Walker, Richard, Pearson, Dias and Filippi were present.  Commissioner Jasparro recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Richard A. Waterman of the North Scituate Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	This facility had been previously before the Board for review of other issues during the construction project.  The facility was subsequently reviewed for fire code deficiencies by the North Scituate Fire Marshals Office and approved to proceed with the installation of what the Applicant considers excessive signage, floor proximate exit signage and emergency lighting.  The Board finds that after the construction project was completed and the building received its certificate of occupancy, the Applicant requested review by the North Scituate Fire Marshals Office.  Upon independent review by that Office, it was determined that certain devices could be classified as excessive and therefore removed.  However, the North Scituate Fire Marshal properly advised the Applicant that he would have to have a review by the Fire Board and approval of the removal prior to any action being taken.  Accordingly, the North Scituate Fire Marshal and the Applicant were in contact with the Fire Board and submitted a formal plan of action for the removal of specific devices from this facility.  This plan of action is outlined on a September 11, 2010 letter submitted to the Fire Board by the North Scituate Fire Department.  It is the understanding of the Board that all other fire code deficiencies have been addressed by the Applicant.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the September 11, 2010 plan of action submitted by the North Scituate Fire Marshals Office for the subject facility.  Specifically, the Applicant shall be allowed to remove all of the cited emergency lighting and exit signage outlined in the September 11, 2010 plan of action.  The Board notes that with the removal of these items, there is still ample emergency lighting and exit signage throughout this facility.
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)].