The above-captioned case was scheduled for hearing on June 19, 2007 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Blackburn, Jasparro, Jackson, Preiss, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gregory Unsworth of the North Providence Fire Marshals Office.  A motion was made by commissioner Filippi and seconded by Commissioner Jasparro 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 30, 2007 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 June 19, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the April 30, 2007 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 hereby grants a variance from the provisions of section 13.8.9.7.3.1 in order to allow the Applicant not to provide the subject facility with a local fire alarm system pursuant to the following conditions.  As a condition of this variance request, the Board directs the Applicant to separate the business unit from the remaining residential occupancy at the direction and to the satisfaction of the North Providence Fire Marshals Office.  The Board further directs that the Applicant not cook in the business unit or conduct any hazardous activities in the unit.  As a further condition of this variance, the Board directs the Applicant to provide this facility with approved interconnected hardwired smoke and CO detectors installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.  Finally, if the occupancy of the business unit has changed or intensified, the Applicant may be required to upgrade if determined to do so by the North Providence Fire Marshals Office.
2.	The Board hereby directs the Applicant to correct deficiency 2 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.
3.	The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with approved fire extinguishers, installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
4.	The Board hereby grants a variance from the provisions of sections 39.2.2.2.1 and 7.2.1 and their referenced standards in order to allow the Applicant to maintain the existing exterior doors and hardware.  The Board notes that this relief is based on the very limited business occupancy within this facility.
5.	The Board hereby grants a variance from the provisions of sections 39.2.10 and 7.10.1.2 in order to allow the Applicant to provide this facility with approved Class A, externally illuminated, metal or plastic exit signs within this facility.  The above sign shall be installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
6.	The Board hereby directs the Applicant to correct deficiency 6 by either providing the furnace area with an approved fire separation or an approved sprinkler head installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
7.	The Board hereby directs the Applicant to correct deficiency 7 by providing the cited paneling throughout the first floor with an approved Class A finish installed at the direction and to the satisfaction of the North Providence Fire Marshals Office.
8.	The Board hereby directs the Applicant to correct the above deficiencies within a time table established by the North Providence Fire Marshals Office and ask that the North Providence Fire Marshals Office assure that the majority of the deficiencies are addressed prior to the business occupancy of this facility.

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)].