The above captioned case was scheduled for hearing on September 17, 2002 at 1:00 P.M.  At that time, Acting Chairman Burlingame and Commissioners Coutu, Filippi, Wahlberg, Preiss, Pearson and Evans were present.  The fire service was represented by Assistant Deputy State Fire Marshals Bessette and Quick of the East Providence Fire Marshals Office.  The motion was thereupon made by Commissioner Coutu and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed with the abstention vote of Commissioner Pearson.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 30, 2002 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the September 17, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the January 30, 2002 inspection report as its initial findings of fact.
	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 defined in Section 23-28.1-4(3) of the Rhode Island General Laws.
	
CONCLUSIONS AND VARIANCE REQUESTS 
1.	As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 1 by providing the basement of this facility with an approved properly engineered sprinkler system, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
2.	The Board hereby directs the Applicant to correct deficiency 2 by providing the cited extinguishers with approved mounting, at the direction and to the satisfaction of the East Providence Fire Marshals Office within one hundred and twenty (120) days from the date of this Decision.
3.	The Board hereby directs the Applicant to correct deficiency 3 by properly housekeeping the basement and removing all obstructions to the egress system, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
4.	As a condition of the variances granted herein, the Board hereby directs the Applicant to correct deficiency 4 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
5.	In light of the applicants agreement to fully alarm this facility and provide the basement with approved sprinkler coverage, the Board hereby grants a variance from the provisions of Section 23-28.17-2 in order to allow the Applicant to maintain the existing egress from the basement as modified herein.  The Board further directs the Applicant to extend the basement sprinkler coverage up the stairs leading from the basement to the first floor and up the conveyor belt leading from the basement to the first floor.  The above extensions of coverage shall be within one hundred and twenty (120) days from the date of this Decision.
6.	It is the understanding of the Board that the Applicant has corrected deficiency 6, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
7.	The Board hereby directs the Applicant to correct deficiency 7 by providing this facility with approved emergency lighting, at the direction and to the satisfaction of the East Providence Fire Marshals Office.
8.	The Board hereby directs the Applicant to correct deficiency 8 by providing the cited mounted gas-fired burner with an approved shut-off switch, at the direction and to the satisfaction of the East Providence Fire Marshals Office.  Further, as a condition of the variances granted herein, the Board directs the Applicant to maintain the ceiling mounted gas-fired burner in accordance with the mechanical code.
9.	The Board hereby grants a variance from the provisions of Section 23-28.17-9 in order to allow the Applicant to maintain the existing separation between the basement and the mercantile occupancy.  In granting this variance, the Board notes that the basement shall be fully sprinklered and the remainder of the building shall be fully alarmed to the satisfaction of the East Providence Fire Marshals Office.
10.	The Board hereby directs the Applicant to correct deficiency 10 by removing the cited containers of waste oil, at the direction and to the satisfaction of the East Providence Fire Marshal.
11.	The Board hereby grants a variance from the provisions of Section 23-28.17-8 in order to allow the Applicant to maintain the existing travel distance.  This variance is granted pursuant to the Boards direction and understanding that this facility shall be fully alarmed, the basement shall be sprinklered and utilized for limited storage only.
12.	The Board hereby directs the Applicant to correct deficiency 12 as far as practicable, at the direction and to the satisfaction of the East Providence Fire Marshals Office, by providing the floor joist and multiple pipe and utility penetrations with approved fire-stopping to the satisfaction of the East Providence Fire Marshals Office, within one hundred and twenty (120) days from the date of this Decision.
13.	The Board hereby directs the Applicant to correct deficiency 13 by providing the cited basement sill plates with approved fire stopping as far as practicable, at the direction and to the satisfaction of the East Providence Fire Marshal, within one hundred and twenty (120) days from the date of this Decision.
14.	The Board hereby grants a variance from the provisions of Section 23-28.17-3 in order to allow the Applicant to maintain the existing basement stairway door.  In granting this variance, the Board notes that reswinging the basement door could result in additional deficiencies.
15.	It is the understanding of the Board that the Applicant has corrected deficiency 15 by installing a fence which provides a three foot (3) wide path of egress to an approved public way. 

	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.  
	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.   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.  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.  
	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)].