The above-captioned case was scheduled for hearing on February 6, 2001 at 1:30 P.M. At that time, Chairman Farrell and Commissioners Wahlberg, O'Connell, Richard, Burlingame, Pearson, Filippi and Coutu were present.  The fire service was represented by Assistant Deputy State Fire Marshal John Sutherland of the Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Richard and seconded by Commissioner Filippi 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 a September 11, 2000 inspection report complied by the Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Smithfield Fire Marshal’s Office during the February 6, 2001 hearing on this matter.  Accordingly, the Board hereby incorporates the September 11, 2000 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 and direction of the Board that the Applicant has corrected deficiency 1(a) and (b) to the satisfaction of the Smithfield Fire Marshal.

2. The Board hereby grants a variance from the provisions of section 23-28.17-4 in order to allow the Applicant to maintain one exit from the basement of this facility.  In granting this variance, it is the understanding of the Board that the Applicant has corrected the remainder of this deficiency by providing the cited stairway with approved handrails.

3. The Board hereby grants a variance from the provisions of section 23-28.17-5(b) in order to allow the Applicant to provide the cited door with approved spring loaded hinges, installed at the direction and to the satisfaction of the Smithfield Fire Marshal. 

4. It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the Smithfield Fire Marshal by providing this facility with approved fire extinguishers.

5 & 6. During the February 6, 2001 hearing on this matter, the Board was advised that the Applicant has corrected deficiencies 5 and 6 by upgrading the local fire alarm system within this facility and providing this system with approved scheduled maintenance.

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)].

Decision was mailed on 2-14-01.