The above-captioned case was scheduled for hearing on September 16, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Blackburn, Richard, Preiss, Jasparro, Walker, Pearson, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Norman Mainville of the Harrisville Fire District Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Jasparro 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 May 6, 2005 inspection report compiled by the Harrisville Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Harrisville Fire District Fire Marshals Office during the September 16, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the May 6, 2005 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 
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 on the May 6, 2005 inspection report at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by properly sealing the cited junction box, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office within thirty (30) days.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by properly sealing the cited vertical opening in the vault located in the Treasurers Office, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office within thirty (30) days.
	7.  During the September 16, 2008 hearing on this matter, the Board was advised that one of the two swinging rear exit doors of this facility is potentially blocked by recycling bins.  However, the Board was further advised that one of these doors alone would provide acceptable egress from this facility.  Accordingly, the Board hereby grants a variance in order to allow the Applicant the option of permanently closing one of the cited doors and removing the panic hardware from this door and maintaining the path through which the door travels clear of all obstructions and providing the fixed door with appropriate signage.  Alternatively, the Applicant may allow the doors to remain free-swinging and remove the potential obstructions beyond the doors.  The Applicant shall so correct this deficiency in accordance with one of the above options within 120 days of the date of this decision.
	8.  In the event the Applicant wishes to maintain one of the above swinging doors fixed, locked and stripped of its panic hardware and with appropriate signage, the Board finds that deficiency 8 would be moot.
	9-10.  During the September 16, 2008 hearing on this matter, the Board was advised that deficiencies 9 and 10 were moot.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office.
	12.  The Board hereby grants a variance in order to allow the Applicant to maintain the single existing hand rail on the rear stairway leading to the basement of this building.
	13.  During the September 16, 2008 hearing on this matter, it was determined that deficiency 13 is also moot.
	14-19.  The Board hereby directs the Applicant to correct deficiencies 14, 15, 16, 17, 18 and 19 at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office within thirty (30) days of the date of this decision.
	20.  It is the understanding of the Board that the Applicant has corrected deficiency 20.
	21.  The Board hereby directs the Applicant to correct deficiency 21 by removing the cited storage and furniture and maintaining a clear path of exit travel, within thirty (30) days of the date of this decision.
	22.  The Board hereby grants a variance from the provisions of sections 39.3.2.1, 8.7.1.3 and 7.2.1.8 in order to allow the Applicant to maintain the existing cited boiler room doors of this facility upon review and approval by the Harrisville Fire District Fire Marshal's Office.
	23.  The Board hereby directs the Applicant to correct deficiency 23 by properly sealing the cited openings, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office, within thirty (30) days of the date of this decision.
	24.  It is the understanding of the Board that deficiency 24 is moot.
	25.  The Board hereby directs the Applicant to correct deficiency 25 by correcting the cited wiring and electrical work at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office within thirty (30) days.
	26.  The Board hereby directs the Applicant to correct deficiency 26 by sealing the cited junction boxes, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office within thirty (30) days of the date of this decision.
	27.  It is the understanding of the Board that the Applicant has corrected deficiency 27 at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office.
	28-30.  During the September 16, 2008 hearing on this matter, the Board was advised that the cited stairway is a narrow stairway that is generally not used.  Accordingly, the Board hereby grants relief in order to allow the Applicant to utilize the existing stairway on the basis of structural hardship.
	31.  It is the understanding of the Board that the Applicant has corrected deficiency 31 at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office.
	32.  The Board hereby directs the Applicant to correct deficiency 32 by providing the cited documentation for testing the emergency lighting of this facility, to the Harrisville Fire District Fire Marshal's Office within thirty (30) days of the date of this decision.
	33-34.  The Board hereby grants a variance from the provisions of section 39.3.3.2.1 and 39.3.3.2.2 in order to allow the Applicant to maintain the existing interior finishes throughout the egress system and office spaces of this facility.  
	35.  The Board hereby directs the Applicant to correct deficiency 35 by providing the employees with approved training of portable fire extinguishers on an annual basis, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office.
	36.  The Board hereby directs the Applicant to correct deficiency 36 by providing this facility with an approved street number, at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's Office, within thirty (30) days of the date of this decision.
	37-39.  It is the understanding of the Board that the Applicant has corrected deficiencies 37, 38 and 39 at the direction and to the satisfaction of the Harrisville Fire District Fire Marshal's office.

Note:  The Harrisville Fire District Fire Marshal is hereby authorized to extend the above timelines for good faith efforts being shown by the Applicant.

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)].