The above-captioned case was scheduled for hearing on April 29, 2003 at 1:00 P.M.  
At that time, Chairman Farrell and Commissioners Wahlberg, Preiss, Newbrook, Filippi, Coutu, Pearson and Burlingame were present.  The fire service was represented by Deputy State Fire Marshal David Curran of the State Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Evans abstaining.

FINDINGS OF FACT
	
The numbers of the Decision below correspond with those of a February 28, 2003 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the April 29, 2003 hearing on this matter.  Accordingly, the Board hereby incorporates the February 28, 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.  It is the understanding of the Board that the State Fire Marshal’s office has deemed deficiency #1 to be grandfathered.  However, it is the further understanding of the Board that the Applicant has agreed to provide this facility with an approved local fire alarm system as a condition of the requested variance.  Accordingly, the Applicant is hereby directed to provide this facility with an approved local fire alarm system and to further maintain that system as a required system.  
	
2, 3, 4.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, and 4 at the direction and to the satisfaction of the State Fire Marshal.
	
5.  The Board hereby grants a variance from the provisions of section 23-28.9-2 in order to allow the Applicant to maintain the cited boiler within the unoccupied basement of this facility as follows.  The Applicant is directed to provide an approved self-closure on the storage room door and to further provide an approved solid core door with springs in the existing door jamb in the rear of the storage area.  As outlined in item #1 above, the Applicant is further directed to provide this facility with an approved fire alarm system at the direction and to the satisfaction of the State Fire Marshal or designee.  Finally, in order to protect the ceiling area of the boiler room, the Applicant is hereby directed to provide a domestically supplied sprinkler head over the boiler.  The Applicant is hereby given a time variance of one hundred twenty (120) days from the date of this decision during which the Applicant is directed to bring this facility into full compliance.

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)].