The above-captioned case was most recently heard on December 16, 2003 at 1:00 P.M.  At that time, Chairman Farrell and Commissioners Burlingame, Preiss, Wahlberg, Newbrook, Filippi, Pearson, Evans and Coutu were present.  The fire service was represented by Chief Al Galinelli of the Warren Fire Marshal’s office.  Prior to the 1:00 P.M. meeting, a subcommittee of the Board met onsite and reviewed the deficiencies outlined in the inspection report of this facility and fully toured the facility.  The subcommittee thereupon met with the Applicant and the fire service in order to develop a plan of action covering this facility.  During the follow-up hearing on this matter, a motion was made by Commissioner Coutu and seconded by Commissioner Newbrook to accept the subcommittee’s recommendations and to incorporate them as a full decision of the Board.  The motion was unanimous.

FINDINGS OF FACT
	
During the subcommittee review of this facility and the follow-up hearing, the Board utilized an October 24, 2002 inspection report compiled by the State Fire Marshal’s office.  Accordingly, the Board hereby incorporates the 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.  During the December 16, 2003 hearing on this matter, the Board granted the Applicant up to ninety (90) days in order to develop and submit current construction plans for this facility and current fire alarm plans for this facility.  Specifically, the Applicant would have up to ninety (90) days from the date of the hearing to provide the building and fire officials of the Town of Warren with approved construction drawings and full fire alarm plans.  The Board anticipates that the local officials would be able to review and approve or reject the above plans within thirty (30) days of submission.  The Applicant’s plan shall include the fire alarm systems, sprinkler systems, structural design and the proposed smoke evacuation system.
	
2.  During the hearing, the Board was advised that the Applicant has eight (8) apartment units in the rear of this building and that five (5) of those units are occupied.  The Board grants the Applicant a variance in order to occupy two (2) additional apartment units prior to the installation and activation of a municipally connected fire alarm box.  Once the fire alarm master box has been provided to this facility and is in operation, the Applicant may occupy the last remaining unit of the eight (8) rear units.  As a condition of this variance, the Board directs the Applicant to provide the basement of this facility with approved heat detection throughout.  The Board further directs the Applicant to provide temporary heat detection in the basement and other areas of the building at the direction and to the satisfaction of the Warren Fire Chief.  
	
3.  The Board hereby directs the Applicant, as a condition of the relief granted herein, to continue to remove the combustibles from this building and to work closely with the Warren Fire Chief in identifying the most dangerous substances being stored in this building and eliminating them pursuant to a timetable established by the Warren Fire Chief.
	
4.  The Board hereby maintains this file as open in the event the Applicant has any questions as to the nature or operation of the above variances and in the event the Applicant wishes to seek additional relief from the Board based on the submitted construction plans and fire alarm plans.

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)].