The above-captioned case was scheduled for hearing on September 27, 2005 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Richards, Blackburn, Newbrook, Preiss, Evans, Burlingame, Pearson, OConnell and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal David Pastore of the West Warwick Fire Marshals Office.  A motion was made by Commissioner Richards and seconded by Commissioner OConnell 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 July 15, 2004 inspection report covering this facility located at 20 Providence Street.  The above report was utilized by the Board, the Applicant and the West Warwick Fire Marshals Office during the September 27, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the July 15, 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS
	1-18.  During the September 27, 2005 hearing on this matter, the Board was advised that the Applicant had corrected deficiencies 3, 4 and 6 as outlined on the July 15, 2004 inspection report covering the above captioned facility.  The Board was further advised that deficiency 5 and deficiency 11 would not be violations of the fire code if the mixing of paint were conducted in the booth of this facility.  The Board was further advised that the Applicant has abandoned the residential units on the second and third floor of this facility thereby limiting the occupancy of the entire facility to industrial.  Accordingly, the Board hereby grants a variance from the provisions of section 6.1.14.4 so as not to require two-hour separation between occupancies in light of the fact that the apartments shall remain vacant.  If the Applicant chooses to re-occupy the apartments at any point in the future, the Applicant is directed to first provide approved two-hour separation between these areas, at the direction and to the satisfaction of the West Warwick Fire Marshals office.  Finally, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct the remaining deficiencies, 1, 2, 7, 8, 10, 12, 13, 14, 15, 16, 17 and 18 at the direction and to the satisfaction of the West Warwick Fire Marshal's 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)].