The above-captioned case was scheduled for hearing on August 23, 2005 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Blackburn, Newbrook, Preiss, Burlingame and Pearson were present.  Commissioner OConnell recused himself from consideration of this case.  The fire service was represented by Chief Deputy Richard James of the State Fire Marshals Office and Assistant Deputy State Fire Marshals Walsh and Berry of the Cumberland Fire District Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.
FINDINGS OF FACT
	During the August 23, 2005 hearing on this matter, the Board was advised and finds that this facility is utilized for the manufacture and storage of aerosol products.  The Board was further advised and finds that the specific area in question is the aerosol can shredder platform.  The Board was further advised and finds that the can shredder machinery is located on a concrete platform that is isolated from all other structures on the property.  The Board further finds that there are no walls surrounding the machinery, however there is a steel framework and a roof covering the machinery.  The Board finds that, due to a fire within the shredder platform area on August 12, 2005, the suppression and detection system for the shredder platform was destroyed.  The Board further finds that the company needs to continue to operate the shredder in order to prevent a build up of flammable products.  The Board further finds that the Applicant is currently maintaining fire fighters on duty with a pumper detail to provide alternative suppression and notification in the event of a fire within the shredder machinery.  The Applicant is requesting a time variance in order to maintain this operation and to upgrade the dry chemical system to a wet system within a year of the date of this decision.
	
CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a temporary time variance in order to maintain the shredding operation at this facility with an approved fire fighter pumper detail on duty during all hours of operation at the direction and to the satisfaction of the Cumberland Fire District Fire Marshals Office.  The Board further grants a time variance of one year from the date of this decision in which to allow the Applicant to upgrade the destroyed system to a wet system at the direction and to the satisfaction of the Cumberland Fire District 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)].