The above-captioned case was scheduled for hearing on October 23, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Pearson, Jackson, Preiss, Jasparro, Filippi and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Susan Hawksley of the East Greenwich Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Preiss, Walker and Jasparro.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a July 30, 2007 plan review report compiled by the East Greenwich Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Greenwich Fire Marshals Office during the October 23, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the July 30, 2007 plan review 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 
	1-4.  It is the understanding of the Board that the Applicant shall correct deficiencies 1, 2, 3 and 4 of the July 30, 2007 plan review report, at the direction and to the satisfaction of the East Greenwich Fire Marshal's office before occupancy.
	5.  During the October 23, 2007 hearing on this matter, the Board was advised and finds that the basement of this facility is utilized for storage and has no public occupancy.  The Board was further advised and finds that only one or two people occupy the basement and that the Applicant has eliminated most of the mechanical devices in this area.  The Board finds that due to the small size of the facility, the Applicant is requesting relief from enclosing the exit and conveyor servicing the basement of this facility.  Finally, the Board finds that the East Greenwich Fire Marshal has no objection.
	In light of the above, the Board hereby grants a variance from the provisions of RI Uniform Fire Code section 11.3.5, and RI Life Safety Code sections 8.6.8.4, 9.4.7, 40.3.1, 40-5.3 and 42-5.3 in order to allow the Applicant not to enclose the exit and conveyor servicing the basement of this facility.  This variance is based upon the Applicant maintaining the above conditions understood to be present in the basement area by the Board.  In granting this variance it is the understanding of the Board that the East Greenwich Fire Marshal has no objection.
	6-10.  It is the understanding and direction of the Board that the Applicant shall correct deficiencies 6, 7, 8, 9 and 10 at the direction and to the satisfaction of the East Greenwich 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)].