The above-captioned case was scheduled for hearing on April 17, 2007 at 1:00 P.M.  At that time, Chairman Coutu and Commissioners Blackburn, Newbrook, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Wheeler of the North Providence Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioners Blackburn and Richard 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 an April 20, 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 April 17, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the April 20, 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
1.	The Board made no decision of the actual measurement of this building.  The Board hereby grants the Applicant relief in order to allow the use of heat detection and battery backup horns in order to notify the neighbors of a possible fire within this facility.  Accordingly, the above detection would substitute for any fire alarm requirements needed within this facility.  The Board hereby grants the Applicant in a time variance of thirty (30) days from the date of this decision in order to submit plans to the North Providence Fire Marshals Office and an additional 120 days from the plan review approval to comply with the above heat detection and notification devices.
2.	The Board hereby grants the Applicant a time variance in order to maintain the existing exit signage and emergency lighting and to possibly supply this facility with an additional exit sign if deemed necessary by the North Providence Fire Marshals Office.  The Board notes that during the periods of occupancy of this facility there is ample natural illumination.
3.	 It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing an approval handrail on the stairs leading to the basement.
4.	The Board hereby grants a variance form the provisions of section 7.1.5.1 in order to allow the existing headroom in the unoccupied basement of this facility.  In granting this relief, it is the understanding of the Board that the public is not allowed in the basement and is utilized for service only.
5.	It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved fire extinguisher. 
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly storing waste oil products.
7.	It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing No Smoking: signage within this facility.
8.	In light of the Applicants limited use of the pit area of this facility the Board hereby grants the Applicant a variance from the provisions of section 30.2.6.4 in order to allow the Applicant to maintain the existing ventilation provided the pit area is restricted at the direction and to the satisfaction of the North Providence Fire Marshals Office.
9.	The Board hereby directs the Applicant to correct deficiency 9 by providing this facility with an approved key access box installed at the direction and to the satisfaction of the North Providence Fire Marshals Office within the above 120 day period.
10.	Is it the understanding of the Board that the cited egress doors in deficiency 10 serve as non- public area staffed by only two (2) employees.  In light of above, the Board hereby grants a variance from the provisions of section 7.2.1.4.3 in order to allow the Applicant to maintain the existing door swing.  The Board hereby directs the Applicant to correct the remainder of deficiency 10 by providing the above doors with locking devices installed at the direction and to the satisfaction of the North Providence 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)].