The above-captioned case was scheduled for hearing on December 11, 2007 at 12:45 P.M. At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshals Bellamy, Cary and Powers of the East Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioners Jasparro and Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the December 11, 2007 hearing, and upon review of the documentation submitted, the Board finds that the Applicant plans to relocate its manufacturing and distribution operations from its Cranston facility to the above-captioned address. The Board further finds that, given the operation of the new facility, the Applicant plans to upgrade the existing sprinkler system, replace the existing interior gas-fired heating units with roof-mounted gas-fired heating and cooling units. However, the Board finds that the Applicant needs to vacate its present location and transfer its storage and shipping operations to the above-captioned address by the end of December 2007. Accordingly, the Board finds that the Applicant is requesting relief to so occupy this facility, during construction, in accordance with a fire safety plan approved by the East Providence Fire marshals Office. The Board finds that the Applicant is further seeking a TCO for this facility and a time variance of six (6) months to complete the above referenced renovations.  It is the understanding that all other fire code deficiencies will be address by the fire safety plan of action approved by the East Providence Fire Marshals Office.
CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance of six (6) months from the date of this Decision, to complete the above-referenced renovations to this facility. Accordingly, for fire code purposes, the Applicant shall be allowed to immediately occupy this facility, during renovation and construction, in accordance with a fire safety plan of action approved by the East Providence Fire Marshals Office. Finally, the Board hereby authorizes the East Providence Fire Marshals Office to approve the issuance of a Temporary Certificate of Occupancy (TCO) for 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)].