The above-captioned cases were scheduled for hearing on March 18, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners OConnell, Walker, Jasparro, Jackson, Preiss, Blackburn, Richard and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Silva and Richard Fournier of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jackson 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 November 13, 2007 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the March 18, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the November 13, 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. 
	In addition, the Board finds that this is primarily a produce market operation.  The Board further finds that the general hours of operation are between 5:00 a.m. and 10:00 a.m.  The Board further finds that this facility is generally not open to the public and that after the above times, most of the operations within this complex cease.  The Board further finds that the main section of this complex has a total of 14,904 square feet and that the connected building maintains approximately 3,200 square feet, for a total of 18, 104 square feet.  The Board further finds that attached to this building is another building with a loading dock and a canopy running the length at approximately 5,600 square feet.  In light of the extraordinary size of this facility, along with the potential hazard to the surrounding properties should it become a fully engaged fire scenario, immediate notification by a municipally connected fire alarm system would be mandatory for this occupancy.  The Board further finds that such immediate notification would serve to eliminate the potential hazards to the occupants of this facility along with any fire department personnel required to enter the facility in the event of fire.  
Finally, the Board recognizes that the Applicant will require additional time in order to bring this facility into full compliance.
	
CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 1 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the Providence Fire Marshal's office in accordance with the cited code provisions outlined in the November 13, 2007 inspection report.
	2.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited doors in the storage-only areas of this complex in accordance with a plan of action approved by the Providence Fire Marshal and to further provide at least one approved means of egress from the occupiable space such as the industrial areas and units with office space, at the direction and to the satisfaction and in accordance with a plan approved by the Providence Fire Marshal's office.  
	3.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 3 by providing this facility with approved emergency lighting installed at the direction and to the satisfaction of the Providence Fire Marshal's office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by removing the cited extension cords that were noted throughout the complex.
	5.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 5 by addressing the exposed wiring and removing the abandoned wires and containing all cited electrical boxes, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 at the direction and to the satisfaction of the Providence Fire Marshal's office by removing the cited gasoline containers and to properly store any necessary flammable liquids in approved metal flammable liquid lockers, at the direction and to the satisfaction of the  Providence Fire Marshal's office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the Providence Fire Marshal's office.
	8.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 8 by properly venting the cited gas heaters and by properly spacing these heaters from any and all combustibles, at the direction and to the satisfaction of the Providence Fire Marshal's office.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing the cited public areas with approved exit signage, installed at the direction and to the satisfaction of the 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)].