The above-captioned case was scheduled for hearing on July 26, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Newbrook, Preiss, Pearson and OConnell were present.  Commissioners Burlingame and Blackburn recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal John Waterman of the Smithfield Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner OConnell 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 June 30, 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 July 26, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the June 30, 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.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  During the July 26, 2005 hearing on this matter, the Board was advised that the Applicant sought a time variance to correct all five (5) deficiencies outlined on the June 20, 2005 inspection report, and further requested to be allowed to temporarily occupy this facility once all of the major systems were in place.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision to correct all of the remaining deficiencies on the June 30, 2005 inspection report.  The Board further authorizes the Smithfield Fire Marshals office to approve the issuance of a temporary certificate of occupancy for this facility in order to allow the Applicant to occupy this facility while upgrades are in progress.  It is the understanding and direction of the Board that a temporary certificate of occupancy may be authorized once all of the major systems are in place and that these systems shall be maintained throughout the period of the temporary occupancy to the satisfaction of the Smithfield 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)].