The above-captioned case was most recently scheduled for hearing on September 21, 2004 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Evans, Pearson, OConnell, Filippi and Coutu were present.  Commissioner Burlingame recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Jonathan Depault of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Coutu and seconded by Commissioner 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 March 1, 2004 inspection report compiled by the North Smithfield Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshals Office during this hearing and a previous hearing on this matter.  Accordingly, the Board hereby incorporates the March 1, 2004 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, is 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 or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal.)

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  The Board hereby directs the Applicant to correct deficiency 1 by providing approved emergency exit signs within this facility at the direction and to the satisfaction of the North Smithfield Fire Marshals office within ten (10) days of the date of this decision.
	
2.  The Board hereby grants the Applicant a time variance until January 31, 2005 to maintain the existing fire alarm coverage within this facility.  After this time, it is the understanding and direction of the Board that this building shall become vacant, and that a new code compliant fire alarm system will be installed prior to any new occupancy.  

Accordingly, the Applicant shall be allowed to continue to maintain the high pile storage within this facility until January 31, 2005 at which time the storage shall be removed.  Finally, the Board has been advised that there is a history of fire alarm malfunction in this facility.  Accordingly, any time the fire alarm system is down, the Applicant shall immediately notify the North Smithfield Fire Marshals office.  The Applicant shall further provide this facility with an approved fire watch, at the direction and to the satisfaction of the North Smithfield Fire Marshals office, any time the fire alarm system is not fully functional for a period exceeding four (4) hours.  The fire watch may be detail firefighters or a private fire watch company approved by the North Smithfield Fire Marshals office.
	
3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved fire extinguishers within ten (10) days of the date of this decision.
	
4.  The Board hereby grants the Applicant a time variance until January 31, 2005 to allow the Applicant to maintain the existing occupancy of this facility without sprinkler coverage.  In granting this time variance, it is the understanding of the Board that the Applicant shall vacate this facility on or before January 31, 2005.  

Accordingly, if and when a new tenant is identified and if such occupancy requires automatic sprinklers, a new code compliant automatic sprinkler system shall be complied prior to re-occupancy of this facility.
	
5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by removing the cited outdoor pallet storage.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with an approved key box installed at the direction and to the satisfaction of the North Smithfield 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)].