This case was previously before the Board and the Applicant was directed to develop a plan of action covering the entire facility.  Accordingly, the above-captioned case was re-scheduled for hearing on October 21, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Pearson, Evans, Burlingame, Filippi and O’Connell were present.  Commissioner Coutu recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Garvey of the Central Falls Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson 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 23, 2003 inspection report compiled by the Central Falls Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Central Falls Fire Marshal’s Office during the October 21, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the April 23, 2003 inspection report 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(a).  It is the understanding of the Board that the Applicant has installed a new door for the two (2) exits from the repair area.  The Board hereby directs the Applicant to provide the basement stairway enclosure with a proper rating at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
1(b).  The Board hereby directs the Applicant to correct deficiency 1(b) by providing a railing over the dock area with small stairs to allow the railing to lead to the stairs, at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
1(c).  The Board hereby directs the Applicant to correct deficiency 1(c) by building an enclosure with a door at the top of the cited stairway at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
2(a).  It is the understanding of the Board that the Applicant has corrected the majority of deficiency 2(a).  The Board hereby directs the Applicant to correct the remainder of deficiency 2(a) at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
2(b)(c).  The Board hereby directs the Applicant to correct deficiencies 2(b) and 2(c) at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
3(a)(b)(c).  The Board notes that these deficiencies correspond with deficiencies 2(a)(b)(c) and accordingly the Applicant is directed to correct these deficiencies in the manner outlined above.
	
3(d).  The Board hereby directs the Applicant to correct deficiency 3(d) at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
3(e).  The Board hereby directs the Applicant to correct deficiency 3(e) at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
4(a).  It is the understanding of the Board that the Applicant has corrected deficiency 4(a) to the satisfaction of the Central Falls Fire Marshal’s office.
	
4(b).  The Board hereby directs the Applicant to seal off the cited openings upon completion of the new egress for this facility, at the direction and to the satisfaction of the Central Falls Fire Marshal.
	
4(c).  The Board hereby directs the Applicant to properly swing the cited doors at the direction and to the satisfaction of the Central Falls Fire Marshal’s office.
	
5.  The Board notes that deficiency #5 is informational in nature.  The Board hereby directs the Applicant to safeguard the hazards in this facility at the direction and to the satisfaction of the Central Falls Fire Marshal’s office within sixty (60) days of the date of this decision.
	
6.  It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing this facility with approved exit signage.
	
7.  It is the understanding of the Board that the Applicant has corrected deficiency #7 by providing this facility with approved emergency lighting.
	
8.  It is the understanding of the Board that the Applicant has corrected deficiency #8 by providing this facility with approved fire extinguishers.
	
9.  It is the understanding of the Board that the Applicant has corrected deficiency #9 by providing this facility with an approved fire alarm system.
	
10.  It is the understanding of the Board that the Applicant has corrected deficiency #10 by removing the cited combustibles and the dog from the basement of this facility.
	
11.  During the hearing on this matter, the Board directed the Applicant to return with the Central Falls Fire Marshal’s office within sixty (60) days to report on the progress of this facility and to determine what, if any, additional time would be necessary for complete compliance with this program.

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)].