The above-captioned case was scheduled for hearing on July 14, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro, Walker, Filippi and Dias were present.  The fire service was represented by Deputy State Fire Marshal Christine Kent of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook 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 an April 7, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 14, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the April 7, 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  During the July 14, 2009 hearing on this matter, the Board was advised that there is a compressed air unit located directly behind Engine 22 and that although Engine 22 is provided with portable wheel chocks, there is no permanent protection provided from possible vehicle impact.  The Board was thereupon advised by the Applicant that the storage in this area was compressed air only and not cylinders of explosive or flammable gases.  The Board was further advised by the Applicant that the placing of permanent bollards in this area could potentially disrupt the housing of the fire protection apparatus within the area by limiting the area available for that apparatus.  The Board was further advised that the wheel stops have been successfully utilized by the Applicant without incident.  Accordingly, the Board hereby grants a variance from the provisions of the RI Uniform Fire Code section 63.1.1.1 along with the NFPA Chapter 55 sections 7.1.3.3 and their referenced standards in order to allow the Applicant to not provide permanent physical protection of the compressed air unit located in the fire apparatus bay.  In granting this variance on the basis of structural hardship and in limiting the storage to compressed air only, the Board directs the Applicant to continue to utilize wheel stops for the vehicles in this area.
	9.  The Board hereby grants the Applicant a time variance of thirty (30) days from the hearing date in which to develop a plan of action for the correction of deficiency 9 and an additional 120 days in which to implement that plan at the direction and to the satisfaction of the State Fire Marshal's office.
	10.  The Board hereby grants the Applicant a time variance of thirty (30) days from the hearing date in which to develop a plan of action for the correction of deficiency 10 and an additional 120 days in which to implement that plan at the direction and to the satisfaction of the State Fire Marshal's office.  The Board notes that correction of this deficiency would involve extending the fire barriers directly to the roof of this facility.
	11.  The Board hereby grants the Applicant a time variance of thirty (30) days from the hearing date in which to develop a plan of action for the correction of deficiency 11 by removing the cited storage from the area.  The Board hereby grants the Applicant an additional 120 days in which to implement that plan at the direction and to the satisfaction of the State Fire Marshal's office.  Finally, the Board notes that any of the above time limits may be extended by the State Fire Marshal's office for good faith efforts being shown by the Applicant.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 at the direction and to the satisfaction of the State Fire Marshal's 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)].