The above-captioned case was originally scheduled for hearing on July 31, 2007 at 1:00 P.M.  However, at that time, the hearing was postponed and subsequently, the Applicant requested an on-site subcommittee review of this facility.  The onsite subcommittee review was conducted on August 22, 2007 at 9:00 AM.  At that time, Commissioners Richard, Jackson, Filippi and the Executive Director were present.  The fire service was represented by Assistant Deputy State Fire Marshal Scott Caron of the Smithfield Fire Marshals Office.  
The subcommittee recommendations, outlined below, were reviewed by the Board during a hearing commencing on August 28, 2007 at 1:00 P.M.  At that time,  a motion was made by Commissioner------ and seconded by Commissioner--------  to approve the subcommittee recommendations as outlined herein.  The motion ---.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 26, 2007 inspection report compiled by the Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the August 22, 2007 onsite subcommittee review of this matter.  Accordingly, the Board hereby incorporates the July 26, 2007 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.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 1, by providing this facility with the cited key access box. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
2.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 2, by providing this facility with a municipally connected fire alarm system. In granting this system, the Board notes that the Applicant has installed this required system and that the Applicant is currently in the final stages of testing and acceptance of the system. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
3.	The Board hereby grants the Applicant a time variance, until September 15, 2007, to correct Deficiency 3, by providing this facility with properly maintained fire extinguishers. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
4.	The Board hereby grants the Applicant a time variance, until September 15, 2007, to correct Deficiency 4, by properly mounting the fire extinguishers within this facility. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
5.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 5, by providing the cited exit door in the auto service garage with approved panic hardware and by removing the current unauthorized locking system. In granting this time variance, the Board notes that this area is not open to the public and that the employees have ample alternative means of escape from the area. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
6.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 6, by providing this facility with the required emergency lighting. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
7.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 7, by providing the garage break room ceiling with approved replacement ceiling tiles in those areas where the tiles have been removed.. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
8.	It is the understanding of the Board that the Applicant has corrected Deficiency 8 by providing this facility with approved illuminated exit signage.
9.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 9, by removing the cited zip type extension cords and replacing them with approved electrical outlets as needed. In granting this relief, the Board has been advised that the Applicants electrician shall address this and the other electrical violations as part of a package upgrade of the electrical systems in this facility. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
10.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 10, by removing the cited power strips and providing this facility with a proper number of electrical outlets as part of the package upgrade outlined in Item 9 above. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
11.	It is the understanding of the Board that the Applicant has corrected Deficiency number 11 by removing the cited storage.
12.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 12, by providing approved covers on the cited two cited control modules. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
13.	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiency 13, by repairing the cited holes in the boiler room ceiling and by providing the door with a closure and latch hardware. The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.
14.	It is the understanding of the Board that the Applicant has corrected Deficiency number 14 by removing the cited storage.
15.	The Board has determined that the Applicant has corrected Deficiency number 15(1) by providing the Smithfield Fire Alarm Superintendent with sufficient documentation relating to the spray booth and the paint mixing room. The Board notes that the installing contractor has apparently gone out of business and that securing additional documentation may not be possible.
	The Board hereby grants the Applicant a time variance, until October 15, 2007, to correct Deficiencies 15(2) and (3), by providing the Smithfield Fire Alarm Superintendent with the required fire alarm and suppression systems certification covering both the pre-testing and final acceptance testing of these systems.  The Board hereby grants the Smithfield Fire Marshals Office to extend the above deadline in light of good faith efforts made by the Applicant.

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 Subcommittee Decision, within thirty (30) days of the mailing date of this Decision, by requesting review of this Decision by the full Board.  Commencement of such a requested review does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].