The above-captioned case was scheduled for hearing on January 9, 2007 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Burlingame and Commissioners Richard, Blackburn, Newbrook and Preiss were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Ernest Cimino of the Valley Falls Fire Marshals Office.  
FINDINGS OF FACT
	It is the understanding of the Board that the Applicant has requested authorization to self-test sprinkler flow and fire alarm systems within this complex.  The Applicant has advised the Board that he personally participated in the testing of these systems from June 1990 through May 2005 when a new fire alarm system was installed.  The Board was further advised that the testing was supervised by Factory Mutual Engineering for many years.  The Board was further advised that regular flow testing removes a great deal of rust and scale from the system and provides good maintenance.  Finally, the Board was advised that the Applicant wishes to resume monthly testing of their systems rather than having a third party do quarterly testing.  It is the understanding of the Board that all remaining fire code deficiencies within this facility will be corrected by the Applicant at the direction and to the satisfaction of the Valley Falls Fire Marshal's office.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  During the January 9, 2007 hearing on this matter, the Board advised the Applicant that in order to provide the testing he desired to perform, he would have to be licensed by both the State Mechanical Board and the State Electrical Board.  Specifically, these licensure requirements are beyond the scope and jurisdiction of the State Fire Code.  Accordingly, the Board is not in a position to authorize the Applicant to provide the systems testing that he is requesting until such time as he secures the proper licensure.
	2.  The Board hereby directs the Applicant to correct the eight (8) deficiencies outlined in the December 2006 inspection report covering this facility that was generated by the Valley Falls Fire Marshal's office.  Specifically, the Applicant is to address the remaining deficiencies at the direction and to the satisfaction of the Valley Falls Fire Marshal.  Finally, the Board shall leave this file open in the event that one or both parties need to return for clarification or additional variance consideration.
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)].