The above-captioned case was scheduled for hearing on October 28, 2008 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Preiss, Jackson, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Carey and Bellamy of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	This case was previously before the Board and a decision was issued in file number 070555 on December 14, 2007.  Accordingly, the Board hereby incorporates the original decision in file number 070555 as its initial findings of fact in this case.  In addition, the Board finds that the Applicant has conducted an extensive assessment of this facility and has further presented the Board and the East Providence Fire Marshal's office with a plan of action dated July 28, 2008.  Accordingly, the Board hereby incorporates the Applicants July 28, 2008 plan of action as its follow-up findings of fact in this case.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein. 

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby approves the Applicants July 28, 2008 proposed plan of action for this facility conditioned upon the Applicant being limited to maintaining only the two (2) existing fire-proof lockers for lighter refills within this facility.  Specifically, the Applicant is not to exceed the above limitation on the storage of cigarette lighter refills.  Finally, the Board notes that as part of this plan of action, the Applicant shall segregate the existing two (2) refill lockers from the remainder of the buildings storage at the direction and to the satisfaction of the East Providence 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)].