The above-captioned case was scheduled for hearing on February 14, 2006 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Pearson, Blackburn, Burlingame, Filippi and OConnell were present.  Commissioner Richard recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Curtis Wise and Robert Powers of the East Providence Fire Marshals Office along with Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshal's office.  A motion was made by Commissioner OConnell and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion passed over one opposition vote.

FINDINGS OF FACT
	The Board notes that this building is of mixed occupancy containing industrial, mercantile and business usages.  The Board further notes that the July 26, 2005 inspection report compiled by the State and East Providence Fire Marshal's office has listed approximately one hundred twenty three (123) deficiencies.  Of those deficiencies, it is the understanding of the Board that approximately thirty-four (34) are outstanding.  The fire service has advised the Board that there are approximately five (5) categories covering the remaining deficiencies.  The first category would be the current non-compliant fire alarm system, the second category would be inadequate emergency lighting and exit signage, the third category would be fire separation, the fourth category would be firefighter service and the fifth category would be non-compliant fire escapes.
	The Applicant has appeared and presented the Board with a plan of action to address the fire code deficiencies on an initial temporary basis and then on a permanent basis.  Specifically, the Board has been advised that the Applicant shall only occupy this facility for approximately a period of one year to sixteen months before substantial renovations are undertaken.  The Applicant has proposed to bring the building into closer compliance with the code by upgrading the above systems on a temporary basis.  The Applicant has further advised the Board and the Board finds that with the renovations of the facility, the facility shall be brought up to code along with fire alarm, emergency lighting and exit signage improvements.  The Applicant has advised the Board and the Board finds that this facility shall be fully vacated on or before August 1, 2007 and at that time the building shall be rendered a shell.  The Board was further advised and finds that there shall be no re-occupancy of the building until the facility is up to code to the satisfaction of the State and East Providence Fire Marshal's offices.  The Board further finds that the building currently has a full radio master box fire alarm system and full sprinkler coverage, and existing separation.
	
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 temporarily upgrade the fire alarm system of this facility by utilizing FLPL wire as a temporary means to upgrade the system in accordance with the National Electric Code.  The Board further directs the Applicant to provide an approved second means of egress during the above 120 day period.  The Board hereby grants the Applicant a time variance to continue to occupy this facility through August 1, 2007 at which time the facility shall be vacated and not re-occupied until up to code, at the direction and to the satisfaction of the State and East Providence Fire Marshal's offices.  Both the temporary and permanent improvements to this facility shall be at the direction and to the satisfaction of the East Providence Fire Marshal's office, the State Fire Marshal's office, and their designees.  The Applicant is directed to maintain all systems including the above new second means of egress during all periods in which the building is occupied.

 
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)].