The above-captioned case was scheduled for hearing on July 29, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Blackburn, Richard and Dias were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Bellamy and Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairman Newbrook and Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 23, 2006 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the July 29, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the January 23, 2006 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, 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit plans to the East Providence Fire Marshal's office for the installation of a local fire alarm system and an additional 120 days from the expiration of the above thirty-day period in which to install a local fire alarm within this facility at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing the cited furnace area with an approved domestically supplied sprinkler head equipped with flow switches, if possible, at the direction and to the satisfaction of the East Providence Fire Marshal's office, within the above referenced time period outlined in Item 1.
	3.  The Board hereby grants a variance from the provisions of section 37.3.1 in order to allow the Applicant not to provide the requested door for the basement stairs in accordance with the following plan of action.  The Board hereby directs the Applicant to provide this area with approved smoke detection and to provide additional domestically supplied sprinkler heads in the stairway at the direction and to the satisfaction of the East Providence Fire Marshal's office in accordance with the time schedule outlined in Item 1 above.
	4-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5 and 6 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)].