The above-captioned case was scheduled for hearing on December 13, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Newbrook, Preiss, Burlingame, Pearson, Filippi and Richard were present.  Chairman Farrell abstained from the vote in this case.  The fire service was represented by Assistant Deputy State Fire Marshal Joseph Michalczyk of the Providence Fire Marshals Office.  A motion was made by Commissioner Preiss and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous. 
FINDINGS OF FACT
	During the December 13, 2005 hearing on this matter, the Board reviewed an October 3, 2005 inspection report compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the December 13, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the October 3, 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.
	The Board further advised and finds that the original report, covering this facility, was issued on July 9, 2001 and a second report was issued on May 28, 2004.  The Board was further advised and finds that a portion of this facility has been abated by the Fire Marshal and that currently only a plating firm, with independent egress and no public access has been allowed to remain in the building.  The only other people currently allowed in the complex are those involved in the ongoing construction at, and renovation of, this facility.
	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 this code, or as approved in particular by the state fire marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
1.	 Pursuant to its understanding, as outlined in its finding of fact above, the Board hereby grants the Applicant an initial time variance, until January 31, 2006, to submit his plan of action, to the Providence Fire Marshals Office, for the correction of the cited deficiencies along with his plans covering the installation and/or upgrade of the sprinkler and fire alarm systems covering this facility.  The Board hereby requests that the Providence Fire Marshals Office immediately review the above plans and either approve or return the plans to the Applicant on or before March 1, 2006.  Finally, the parties are hereby directed to return to the State Fire Board on March 7, 2006 at 1:00 P.M. to address any outstanding issues and any requests for additional time to bring this facility into full compliance with the state fire code.
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)].