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, Filippi, Newbrook, Coutu, Pearson and Burlingame were present.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson to grant the Applicant preliminary relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the April 29, 2003 hearing on this matter, the Board reviewed an inspection report dated February 10, 2003 which had been compiled by the Providence Fire Marshal’s office.  The Board hereby incorporates the February 10, 2003 inspection report as its initial findings of fact with the following modifications.  The Board notes that the HVAC system has been moved from the units of this facility and placed on the roof.  The Board further notes that there is no fire pump in the building.  After reviewing the deficiency list, it was the opinion of the Board that it would be in all of the parties’ best interests to develop an approved plan of action and to reschedule this case for hearing at a point in time after the plan of action was developed.

CONCLUSIONS AND VARIANCE REQUESTS

1.  The Board hereby directs the Applicant to have his architect and/or licensed engineer submit a comprehensive set of plans to the Providence Fire Marshal’s office within forth five (45) days of the April 29, 2003 hearing date.  Upon receipt of the comprehensive plans, the Providence Fire Marshal’s office shall have thirty (30) days in which to review the plans.  The Providence Fire Marshal’s office shall then provide the Applicant with a written plan review and this matter shall be rescheduled to August 5, 2003.  In the event additional time is needed by either party, the Applicant or the Fire Marshal shall so advise the Board.  
	
2.  The Board hereby directs the Applicant to submit his fire alarm plans to the Providence Communication Division within one week of the April 29, 2003 hearing.  The Board further directs the Applicant to commence installation of the fire alarm system within this facility within thirty (30) days of the submission of the fire alarm plans.
	
3.  The Board hereby directs the Applicant to maintain all seven (7) industrial doors in the open position during all hours of occupancy.
	
4.  The Applicant is hereby directed to immediately present the Providence Fire Marshal’s office with a plan of action addressing the welding issues outlined in deficiencies #56-#59 of the February 10, 2003 report.  
	
5.  In order to minimize the occupant load and to further protect the occupants of this facility, the Board directs the Applicant to restrict all seminars given in this building to the conference room on the first floor and to further provide a fire watch in the recycling area to the satisfaction of the Providence Fire Marshal’s office.  The Applicant is further directed to update the fire alarm system, the heating, and electrical systems.  
	
6.  The Board hereby directs that this file shall remain open and the Providence Fire Marshal’s office and the Applicant are hereby notified that this matter is tentatively scheduled for continuation of this hearing on August 5, 2003.

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)].