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, Richard, Filippi and OConnell were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Lutz of the Providence Fire Marshals Office.  A motion was made by Commissioner OConnell and seconded by Commissioner 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 a March 8, 2007 plan review report along with a plan review follow-up report on April 3, 2007 compiled by the Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Providence Fire Marshals Office during the April 17, 2007 hearing on this matter.  Accordingly, the Board hereby incorporates the report March 8, 2007 and April 3, 2007 plan review reports 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
	1-3.	The Board hereby grants the Applicant a variance in order to maintain the existing exits to the basement of this facility in light of the fact that the basement is not occupied and is only utilized for storage.  In granting this relief on items 1, 2 and 3 of the plan review reports, the Board hereby directs the Applicant to seal off the basement with an approved wall and door at the direction and to the satisfaction of the Providence Fire Marshals Office.
	4-9.	It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5, 6, 7, 8 and 9 at the direction and to the satisfaction of the Providence Fire Marshals Office.
	10.	The Board hereby grants a variance from the provisions of section 7.4.2.2 of NFPA 96 in order to allow the Applicant to maintain the original exhaust duct access for cleaning within this facility.  The Board notes that the Applicant shall continue to properly maintain and clean the duct and that the usage of this equipment is limited.  Accordingly, the above variance is based upon the Applicants continued cleaning of this duct in accordance with the plan of action approved the Providence Fire Marshals Office.
	11.	The Board hereby authorizes the Providence Fire Marshals Office to approve the issuance of a temporary certificate of occupancy for this facility by the building official.  The Board hereby directs that the limited separation of the building as outlined in items 1-2 be completed before occupancy.

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)].