The above-captioned case was scheduled for hearing on November 19, 2002 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Evans, Newbrook, Richard, Pearson, Coutu, Filippi, Preiss, Wahlberg and OConnell were present.  The fire service was represented by Chief of Inspections William Howe and Deputy State Fire Marshal David Curran of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	The number of the Decision below correspond with those of a May 1, 2002 inspection report compiled by the State Fire Marshals Office. The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the November 19, 2002 hearing on this matter.  Accordingly, the Board hereby incorporates the May 1, 2002 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 defined in Section 23-28.11-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
1.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to correct deficiency 1 by providing this facility with an approved functional sprinkler system, installed at the direction and to the satisfaction of the State Fire Marshals Office.
2-10. It is the understanding of the Board that the Applicant has corrected deficiencies , 23, 4, 5, 6,7, 8,9 and 10, at the direction and to the satisfaction of the State Fire Marshals Office.
11. The Board hereby grants a variance from the provisions of Sections 23-28.17-3 in order to allow the Applicant to enclose the cited stairway from the third floor to the second floor with metal clad doors and to allow the same stairway to lead into a main corridor of the mill and walk out approximately 100 to 125 feet to a loading dock utilized as an area refuge.  Specifically, this variance is on the rating of the cited egress system.  The Board grants the above variance in light of the fact that this building shall be fully sprinklered to the satisfaction of the State Fire Marshal and that the Applicant has provided a rated door at the bottom of the cited stairs to the satisfaction of the State Fire Marshals Office.
12-20. It is the understanding of the Board that the Applicant has corrected deficiencies 12,13,14,15,16,17,18,19 and 20, at the direction and to the satisfaction of the State Fire Marshals Office.
21.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to correct deficiency 21, to the satisfaction of the State Fire Marshals Office.
22-24. It is the understanding of the Board that the Applicant has corrected deficiencies 22, 23 and 24, to the satisfaction of the State Fire Marshals Office.
25.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to correct deficiency 25, by removing the cited portable space heater used in unit 25 of this building.
26.	The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this Decision in which to correct deficiency 26, by properly sealing off the holes in the walls of the boiler room enclosure, at the direction and to the satisfaction of the State Fire Marshals Office.
27.	It is the understanding of the Board that the Applicant has corrected deficiency 27, at the direction and to the satisfaction of the State Fire Marshals Office.
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)].