The above-captioned case was originally scheduled for hearing on January 23, 2007 and a decision was issues on February 2, 2007.  The Applicant has requested that the Board reopen this file to address the issue of the use of certain MC connectors as part of the fire alarm system within this facility.  The above captioned case was thereupon most recently scheduled for hearing on October 2, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Filippi, OConnell, Jasparro, Jackson, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Depot State Fire Marshal David Beaubien and Albert Blias of the Woonsocket Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.&8195;
FINDINGS OF FACT
	The Board hereby adopts its original findings in file number 040143 as its initial findings of fact in this case.  In addition, the Board finds that the Applicants fire alarm contractor had to install shallow electrical boxes in the two- by-three walls within this facility.  Accordingly, the contractor utilized what is known in the industry as red heads within the cable box.  The Woonsocket Fire Marshals Office is contending that this does not conform with the provisions of section 13.8.10.6.2.4.  The Board finds that the Applicant is requesting relief to maintain the system as installed in light of the hardship imposed upon it by the existing two-by-three walls.
		
CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants a variance from the provisions of sections 13.8.10.6.2.4 and its referenced standards in order to allow the applicant to utilize the MC connectors known as red heads within the cable boxes installed throughout this facility.  In granting this relief, the Board notes that the Applicant utilized the above system in light of the structural hardship imposed upon him by the two-by-three walls within this facility. 

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)].