The above-captioned case was scheduled for hearing on January 26, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal  Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jasparro 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 January 6, 2010 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during the January 26, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the January 6, 2010 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance until December 31, 2010 in order to upgrade the local fire alarm system within this facility.  The Board hereby grants the North Smithfield Fire Marshal's office the ability to extend the above deadline for good faith efforts being shown by the Applicant.  In the event the North Smithfield Fire Marshal's office chooses not to extend the above deadline and this work is not scheduled to be completed within the above time frame, the parties may request that the file be re-opened to specifically address this issue.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 2 by providing this facility with an approved key access box.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 3 by removing the cited combustible materials.
	4.  The Board hereby grants the Applicant a time variance of two (2) weeks from the date of this decision in order to properly test and certify the fire extinguishers within this facility.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the North Smithfield Fire Marshal's office with certification of the existing local fire alarm system within this facility.
	6.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the North Smithfield Fire Marshal's office with an up-to-date testing and maintenance contract for the fire alarm system of 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)].