The above-captioned case was scheduled for hearing on October 6, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Preiss, Jasparro and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those deficiencies noted in an initial October 23, 2006 inspection report and a follow-up January 23, 2007 inspection report compiled by the Fire Marshals Office.  The above reports were utilized by the Board, the Applicant and the Fire Marshals Office during the October 6, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 23, 2006 inspection report along with the January 23, 2007 follow-up 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.	It is the understanding of the Board that the Applicant has corrected deficiency 1 by installing a municipal fire alarm system within this facility.
2.	It is the understanding of the Board that the Applicant has corrected deficiency 2 by providing the required exit signs throughout this facility.
3.	It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing approved emergency lighting throughout this facility.
4.	As outlined in the January 23, 2007 follow-up report by the East Providence Fire Marshals Office, that if the major repair garage portion of this facility exceeds fifteen thousand square feet in floor area, the facility could be required to be sprinkled.  During the hearing, the Board was advised that the service area of this facility is approximately 9.144 square feet in area and is separated from the remainder of the facility with two (2) roll-down doors and twelve inch concrete masonry block.  It is the understanding of the Board that the Applicant shall provide a new roll-down door and fire stopping at the ceiling of this facility at the direction and to the satisfaction of the East Providence Fire Marshals Office.  It is the further understanding of the Board that the Applicant shall work with the East Providence Fire Marshals Office and modify the fusible links by tying them directly into the fire alarm system, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit and secure approval of a plan of action for the above corrections.  The Board further grants the Applicant an additional 120 days in order to implement the above plan.  Finally, the Board notes that once the service area is properly separated from the remainder of this facility, the sprinkler system will not be required.

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)].