The above-captioned case was scheduled for hearing on June 15, 2004 at 1:00 P.M. At that time, Chairman Farrell and Commissioners Evans, Wahlberg, Preiss, Newbrook, Burlingame, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Beaubien of the Woonsocket Fire Marshal’s Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Filippi 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 January 21, 2004 inspection report compiled by the Woonsocket Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Woonsocket Fire Marshal’s Office during the June 15, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the January 21, 2004 inspection report as its initial findings of fact.  Any modification of the Board’s 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 the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)”

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency #1 by providing this facility with an approved local fire alarm, installed at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee.
	
2. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to remove the cited florescent lights from the spray area of this facility at the direction and to the satisfaction of the Woonsocket Fire Marshal.  Specifically, in replacing the above florescent lights, the Applicant is directed to utilize only approved explosion proof lighting fixtures.
	
3. The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency #3 by bringing the exhaust motor up to code and/or replacing it with an explosion proof code compliant exhaust fan motor.
	
4. It is the understanding of the Board that the Applicant has corrected deficiency #4 by providing the spray booth with approved compliant filters.
	
5. The Board hereby directs the Applicant to correct deficiency #5 by replacing the cited sprinkler heads in the spray booths with approved heads at the direction and to the satisfaction of the Woonsocket Fire Marshal or designee, within 120 days from the date of this decision.

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 Applicant’s 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 Board’s 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 Board’s 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)].