The above-captioned case was scheduled for hearing on September 23, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Wahlberg, Newbrook, Pearson and O’Connell were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the September 23, 2003 hearing on this matter, the Board, the Applicant and the Central Falls Fire Marshal’s office reviewed an April 23, 2003 inspection report compiled by the Central Falls Fire Marshal’s office.  Accordingly, the Board hereby incorporated the April 23, 2003 inspection as its initial findings of fact.  Any modification of the Board’s 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 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.  During the September 23, 2003 hearing on this matter, the Board was advised and finds that the Applicant wished to provide a temporary plan of action for the occupancy of the repair portion of this facility.  The Applicant would then work with the Central Falls Fire Marshal’s office in developing a plan of action for the fire safety of the remaining storage occupancy of this facility.  However, the repair shop provides the livelihood for the Applicant and he has requested that the Board approve a plan of action for its re-occupancy.
	
In light of the presentation made by the Applicant and the Central Falls Fire Marshal’s office, the Board hereby allows re-occupancy of the auto repair shop portion of this facility upon the Applicant’s completion of the fire alarm system covering this portion of the facility and the Applicant’s installation of a second exit from the repair shop occupancy.  The Board further directs the Applicant to provide an approved sheetrock shielding on the windows of the roof monitor and to close the fire doors between the two occupancies.  The Applicant is finally directed to work on the remainder portions of the building before re-occupancy of the entire building and to work directly with the Central Falls Fire Marshal in developing a plan of action for the overall occupancy of this facility.  In light of the Applicant’s good faith efforts in this matter, the Board hereby authorizes the Central Falls Fire Marshal’s office to approve a temporary certificate of occupancy or a complete certificate of occupancy for the partial occupancy of the repair portion 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 Applicant’s 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 Board’s 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 Board’s 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)].