The above-captioned case was scheduled for hearing on February 5, 2009 at 9:30 A.M.  At that time, a subcommittee of the Board consisting of Chairman Coutu and Commissioners Dias, Filippi and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Jonathan Smith of the Narragansett Fire Marshal's office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Filippi to recommend to the full Board that it grant the Applicant relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations were thereupon presented to the full Board on February 10, 2009.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Preiss, Jasparro, Walker, Pearson and Dias were present.  A motion to approve the subcommittee recommendations was made by Commissioner Pearson and seconded by Vice Chairman Newbrook.  The motion was unanimous to grant the Applicant relief as outlined herein.  

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 26, 2005 inspection report compiled by the Narragansett Fire Marshals Office.  The above report was utilized by the Board, the Narragansett Fire Marshal's Office and the Applicant during the February 5, 2009 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 26, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the Narragansett Fire Marshal's office.
	2.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1 and section 7.2.2.2.1(b) in order to allow the Applicant to maintain the cited conveyor belt leading from the storage space in the basement to the upper level of this facility.  In granting this variance, it is the understanding of the Board that there is no public occupancy in this area and it is limited to a very small group of people.  Finally, it is the understanding of the Board that the Narragansett Fire Marshal's office has no objection in light of the above factors.
	3-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 3, 4, 5, and 6 at the direction and to the satisfaction of the Narragansett 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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5(b)(4), if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.