The above-captioned case was scheduled for hearing by a subcommittee of the Board on July 12, 2006 at 9:00 A.M.  At that time, Acting Chairman Burlingame and Executive Director Coffey were present.  The fire service was represented by Assistant Deputy State Fire Marshals E. Craig Beausoleil and Brian Gartland of the North Smithfield Fire Marshal's office.  The subcommittee recommendation was reviewed by the full Board on July 18, 2006 and approved pursuant to a motion made by Commissioner Newbrook and a second by Commissioner Blackburn.  Accordingly, the subcommittee recommendation now has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a November 18, 2003 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 the July 12, 2006 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the November 18, 2003 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.  During the July 12, 2006 subcommittee meeting on this matter, the Board was advised and finds that the space housing the Classic Cleaners occupancy of this facility has been taken over by the pet store occupancy.  The Board was further advised that the Applicant had corrected deficiency 1 by repairing all of the cited exit signs and by providing all necessary additional exit signage throughout this facility at the direction and to the satisfaction of the North Smithfield Fire Marshal's office.
2.  During the July 12, 2006 subcommittee meeting on this matter, the Board was advised that the emergency lighting in this facility was 90 in compliance with the code.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision to correct the remaining emergency lighting issues under deficiency 2, at the direction and to the satisfaction of the North Smithfield Fire Marshal's office.
3.  It is the understanding of the Board that the Applicant has corrected deficiency 3 with regard to the travel distance from the pet store occupancy of this facility.
4.  During the July 12, 2006 subcommittee meeting on this matter, the Board was advised that the Applicant has completed the fire alarm system and is simply waiting for the installation of the radio box.  Accordingly, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiency 4 by providing the completed fire alarm system with an approved radio box, to provide municipal connection, at the direction and to the satisfaction of the North Smithfield Fire Marshal's office.
5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved fire extinguishers throughout.
6.  As outlined above, the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct any outstanding deficiencies, at the direction and to the satisfaction of the North Smithfield 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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].