The above-captioned case was scheduled for hearing on February 5, 2008 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Pearson, Jackson, Filippi, Walker, Preiss, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshals James Moore and Bruce Quinn of the State Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Blackburn 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 a May 18, 2007 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 February 5, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the May 18, 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 of five (5) months from the date of this decision in order to correct deficiency 1 at the direction and to the satisfaction of the State Fire Marshal's office.  Specifically, the Applicant shall provide the State Fire Marshal's office with plans that the State Fire Marshal's office agrees will be expedited.  The Board hereby grants the Applicant relief from tying the post indicator valves into the system due to the fact that this is a secured facility with twenty-four hour camera monitoring and an hourly perimeter check by security.  In light of the above safeguards, it is the understanding of the Board that the State Fire Marshal's office has no objection provided that all of the post indicator valves remain locked.
	2-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  During the February 5, 2008 hearing on this matter, the Board was advised that the majority of the work covered in deficiency 8 has been completed.  The Board hereby grants the Applicant an additional time variance of ninety (90) days from the date of this decision in order to correct the remaining portions of deficiency 8 at the direction and to the satisfaction of the State Fire Marshal's office.  
	9.  The Board hereby grants the Applicant a time variance of five (5) months from the date of this decision in order to maintain the plastic materials protecting the machinery of this facility while the roof is being repaired.  In granting this variance, the Board directs the Applicant to provide any additional safeguards deemed necessary for the protection of these areas by the State Fire Marshal's office.
	10-12.  It is the understanding of the Board that the Applicant has corrected deficiencies 10, 11 and 12 at the direction and to the satisfaction of the State Fire Marshal's office.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by maintaining proper records for the inspection, testing and maintenance of the sprinkler system of this facility, at the direction and to the satisfaction of the State Fire Marshal's office.
	14.  It is the understanding of the Board that the Applicant has corrected the majority of deficiency 14.  Accordingly, the Board directs the Applicant to correct the remaining portions of deficiency 14 within five (5) months of the date of this decision.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by replacing the cited painted sprinkler heads at the direction and to the satisfaction of the State Fire Marshal's office within a timetable established by that office.
	16.  The Board hereby directs the Applicant to correct deficiency 16 at the direction and to the satisfaction of the State Fire Marshal's office within five (5) months of the date of this decision.
	17.  During the February 5, 2008 hearing on this matter, the Board directed the Applicant to return before it on March 11, 2008 in order to present a plan of action for the correction of deficiency 17.
	18.  The Board hereby grants the Applicant a time variance of five (5) months from the date of this decision in order to correct deficiency 18 at the direction and to the satisfaction of the State Fire Marshal's office.
	19.  The Board hereby grants the Applicant a time variance of five (5) months from the date of this decision in order to correct deficiency 19 at the direction and to the satisfaction of the State Fire Marshal's office.
	20.  As noted above, the Applicant will be allowed not to monitor the post indicator valves.  However, the Board directs the Applicant to tag out the valves at the direction and to the satisfaction of the State Fire Marshal's office.
	21-24.  It is the understanding of the Board that the Applicant has corrected deficiencies 21, 22, 23 and 24 at the direction and to the satisfaction of the State Fire Marshal's office.
	25.  The Board hereby directs the Applicant to correct deficiency 25 at the direction and to the satisfaction of the State Fire Marshal's office.
	26.  The Board hereby directs the Applicant to correct deficiency 26 at the direction and to the satisfaction of the State Fire Marshal's office.
	27. The Board hereby directs the Applicant to correct deficiency 27 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)].