The above-captioned case was scheduled for hearing on May 2, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Blackburn, Burlingame, OConnell, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Scott Caron of the Smithfield Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Blackburn 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 September 27, 2005 inspection report compiled by the Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshals Office during the May 2, 2006 hearing on this matter.  Accordingly, the Board hereby incorporates the September 27, 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, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-7.  It is the understanding and direction of the Board that the Applicant shall correct deficiencies 1, 2, 3, 4, 5, 6 and 7 of the September 27, 2005 report at the direction and to the satisfaction of the Smithfield Fire Marshal's office.
	8.  During the May 2, 2006 hearing on this matter, the Board was advised that this is a two-story structure with an attic that is fully vented to the outside and not considered to be habitable space.  The Applicant has proposed the facility to be considered two stories above a basement with the appropriate grading around the building to provide 100 fire department access.  The Applicant will further provide a two-hour door or access hatch at the direction and to the satisfaction of the Smithfield Fire Marshal's office on the attic of this facility.  Accordingly, the Board hereby grants a variance from the provisions of section 38.3.5.1 in order to consider the unoccupied attic space not to be a third story on this facility and therefore not requiring this facility to be sprinklered.  This variance is granted pursuant to the above conditions outlined by the Board.

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)].