The above-captioned cases were scheduled for hearing on May 13, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Pearson, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Gregory Unsworth and John Horan of the North Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Dias and Vice Chairman Newbrook 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 May 13, 2005 inspection report compiled by the North Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Providence Fire Marshals Office during the May 13, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the May 13, 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
Building 1
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 in Building 1.
	5-9.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision to submit plans for the correction of deficiencies 5, 6, 7, 8 and 9 and an additional 120 days after the 30 days to correct the deficiencies outlined in items 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the North Providence Fire Marshal's office.  
Building 2
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the correction of deficiency 3.  The Board further grants the Applicant an additional 120 days after the above 30 days in order to fully correct deficiency 3 at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	5-8.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to present the North Providence Fire Marshal's office with plans for the correction of deficiencies 5, 6, 7 and 8.  The Board further grants the Applicant an additional 120 days after the above 30 days in order to fully correct deficiencies 5, 6, 7 and 8.

Building 3
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the correction of deficiency 2 and an additional 120 days from the above 30 days in which to fully correct deficiency 2 at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3.
	4-7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit plans for the correction of deficiencies 4, 5, 6 and 7 and an additional 120 days from the 30 day period in which to fully correct deficiencies 4, 5, 6 and 7 at the direction and to the satisfaction of the North Providence Fire Marshal's office.
	8.  (Listed as item 1A).  The Board hereby grants a variance from the provisions of section 31.3.3.2 in order to allow the Applicant to maintain the existing wallpaper within this facility.  The Board notes that this variance would also be from the provisions of section 10.2.1.2 and 10.3.4.1.

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)].