The above-captioned case was scheduled for hearing on July 24, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, Coutu, Burlingame, Richard, Pearson and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert J. Garon of the Cumberland Fire Marshal’s Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Coutu to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	
During the July 24, 2001 hearing this matter, the Board was advised that the Applicant sought a variance waiving the separation of the gassing room from the product filling room.  Specifically, the Applicant requested that the proposed unit be installed as part of the exterior wall of this facility.  It is the understanding of the Board that the unit comprises approximately 15 cubic feet of space and is completely contained within a cabinet.  A complete description of the unit, and the Applicant's plan of action, is incorporated herein as Exhibit 1 of the Board Decision.  The Board hereby adopts Exhibit 1 as its initial findings of fact and notes that the second variance request has been withdrawn by the Applicant.  Finally, it is the understanding of the Board that the Cumberland Fire Marshal's office has no objection and that all other fire code deficiencies have been corrected by the Applicant.
	
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. The Board hereby grants a variance from the provisions of NFPA 30B, chapter 3, section 3.4, in order to allow the Applicant to install the Coster Mini-Cell design as part of the exterior wall of this building, as outlined in exhibit 1.  In granting this variance, it is the understanding of the Board that the Cumberland Fire Marshal's office has no objection.

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)].