The above-captioned case was scheduled for hearing on July 19, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Blackburn, Preiss, Evans, Newbrook, Burlingame, Pearson, Filippi, OConnell and Richards were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Robert Martin of the Bristol Fire Marshals Office.  A motion was made by Commissioner Newbrook and seconded by Vice Chairman Coutu to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Burlingame.
FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a May 25, 2004 inspection report compiled by the Bristol Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Bristol Fire Marshals Office during the July 19, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the May 25, 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 this Code, or as approved in particular by the State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by removing the cited combustible storage from the boiler room of this facility.
	2.  During the July 19, 2005 hearing on this matter, the Board was advised that the owner of the facility was not present, and that item 2, (fire alarm), item 8, (boiler room duct work), and item 12 (boiler room enclosure) would have to be addressed by the absent owner.  Accordingly, the Board hereby directs the owner of this facility to either correct deficiencies 2, 8 and 12 or to return to the Board within a timetable established by the Bristol Fire Marshals office.  Specifically, the owner shall be allowed to return to the Board on any or all of these items and present the Board with an alternative plan of action.
	3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 as it relates to the electrical wiring of this facility.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by removing the extension cords.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly mounting the approved fire extinguishers in this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by causing the fire extinguishers to be properly inspected and certified.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing an approved light outside of this side exit door.
	8.  See item 2 above.
	9.  The Board hereby directs the Applicant to correct deficiency 9 by providing the employees of this facility with approved fire extinguisher training overseen by the Bristol Fire Marshals office.
	10.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 10 by either repairing or replacing the cited rug with approved materials.
	11.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 11 at the direction and to the satisfaction of the Bristol Fire Marshals office.  The Board further notes that the Applicant may work with the owner in correcting deficiency 11.
	12.  See item 2 above. 

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)].