The above-captioned cases were scheduled for hearing on May 24, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Preiss, Walker, Jasparro, Dias and Richard were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Gerald Bessette of the Barrington Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Jasparro and Vice Chairperson 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 three (3) April 4, 2011 inspection reports compiled by the State Fire Marshals Fire Marshals Office. The above reports were utilized by the Board, the Applicant and the State and Barrington Fire Marshals Offices during the May 24, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the three (3) April 4, 2011 inspection reports 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.


CONCLUSIONS AND VARIANCE REQUESTS

I.	Building 1 (State Fire Marshal File No. 101-24)
1  10.	The Board hereby grants the Applicant a time variance of thirty (30) days from the Date of this Decision to develop and submit a plan to the State and Barrington Fire Marshals Offices for the correction of Deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. The Board further grants a time variance of an additional one hundred fifty (150) days to implement the above plan of action. 
11.	It is the understanding of the Board that the Applicant has corrected Deficiency Number 11 to the satisfaction of the State Fire Marshals Office. 
12.	The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 above, to allow the Applicant to correct the deficiencies outlined in Item 12.
13  15.  It is the understanding of the Board that the Applicant has corrected Deficiency Numbers 13, 14 and 15 to the satisfaction of the State Fire Marshals Office. 
16.	The Board hereby grants the Applicant a variance to install the dry hydrant, identified in the drawings attached to this Decision, with an appropriate connection for the Barrington Fire Department equipment, at the direction and to the satisfaction of the State Fire Marshals Office. The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 above, to allow the Applicant sufficient time to correct Deficiency 16 by installing the above-described dry hydrant. Any further technical issues regarding this installation may be addressed during the follow-up August 23, 2011, hearing on this matter discussed below. 
17.	The Board hereby grants the Applicant a variance to allow the use of cell phones to contact each client, in the event of an emergency, at the direction and to the satisfaction of the State Fire Marshals Office.
18.	The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 above, to allow the Applicant to correct the deficiencies outlined in Item 18.
19  20. It is the understanding of the Board that the Applicant has corrected Deficiencies 19 and 20 to the satisfaction of the State Fire Marshals Office. 
21.	The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 above, to allow the Applicant to correct the deficiency outlined in Item 21.
22.	It is the understanding of the Board that the Applicant has corrected Deficiency Number 22 to the satisfaction of the State Fire Marshals Office. 
23.	The Board hereby grants the Applicant a variance to allow him to weld on the Boats within this facility provided that welding is limited to TIG Aluminum Welding at the direction and to the satisfaction of the State Fire Marshals Office. In granting this relief, the Board understands that TIG Welding uses non-flammable gasses and does not create sparks or spatter hot metal during the process. In granting this relief, it is the further understanding of the Board that the State Fire Marshals Office has no objection in light of the documentation presented. 
24.  The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 above, to allow the Applicant to correct Deficiency 24 
25 - 26. It is the understanding of the Board that the Applicant has corrected deficiency numbers 25 and  26 to the satisfaction of the State Fire Marshals Office. 
27.	The Board hereby directs the Applicant and the Fire Marshals to return on August 23, 2011 to address any open questions on water supply and sprinkler coverage. 
28 & 29.  It is the understanding of the Board that the Applicant has corrected Deficiencies 28 and 29 to the satisfaction of the State Fire Marshals Office. 
30.	The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 above, to allow the Applicant to correct Deficiency 30. 
31.	The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 above, to allow the Applicant to correct deficiency 31. The Board hereby grants a variance to allow the Applicant to correct this deficiency by providing an emergency industrial escape ladder, as a second emergency means of egress, for the two (2) employees assigned to the cited second floor workshop. The above industrial escape ladder shall be installed at the direction and to the satisfaction of the State Fire Marshals Office.  
II.	Building 2 (State Fire Marshal File No. 101-26)
1.	The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 of Building 1 above, to allow the Applicant to correct deficiency 1 by providing this facility with a local fire alarm system. 
2.	It is the understanding of the Board that the Applicant has corrected Deficiency Number 2 to the satisfaction of the State Fire Marshals Office. 
3.	The Board hereby directs the Applicant and the Fire Marshals to return on August 23, 2011 to address any open questions on water supply and sprinkler coverage. 
4.	It is the understanding of the Board that the Applicant has corrected Deficiency Number 4 to the satisfaction of the State Fire Marshals Office. 




III.	Building 3 (State Fire Marshal File No. 101-27)
1.	The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 of Building 1 above, to allow the Applicant to correct Deficiency 1 by providing this facility with a local fire alarm system. 
2.	The Board hereby directs the Applicant and the Fire Marshals to return on August 23, 2011 to address any open questions on water supply and sprinkler coverage. 
3.	The Board hereby grants the Applicant the one hundred eighty (180) day time variance, outlined in Items 1 through 10 of Building 1 above, to allow the Applicant to correct Deficiency 3 at the direction and to the satisfaction of the State Fire Marshals Office. 
4.	It is the understanding of the Board that the Applicant has corrected Deficiency Number 4 to the satisfaction of the State Fire Marshals 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 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)].