The above-captioned case was scheduled for hearing on September 14, 2004 at 1:00 P.M.  At that time, Acting Chairman Coutu and Commissioners Wahlberg, Newbrook, Filippi and Preiss were present.  Commissioner Burlingame recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Jonathan Depault of the North Smithfield Fire Marshal’s Office.  A motion was made by Commissioner Wahlberg and seconded by Commissioner Newbrook 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 March 1, 2004 inspection report compiled by the North Smithfield Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the North Smithfield Fire Marshal’s Office during the September 14, 2004 hearing on this matter.  Accordingly, the Board hereby incorporates the March 1, 2004 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 understood to mean “in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the authority having jurisdiction (the State Fire Marshal or his or her designated Deputy State Fire Marshal or Assistant Deputy State Fire Marshal)”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1. The Board hereby directs the Applicant to correct deficiency #1 by providing approved emergency exit signage in the business area of this facility, within ten (10) days from the date of this decision.
	
2. The Board hereby grants the Applicant a time variance until January 31, 2005 in order to allow the Applicant to maintain the existing municipally connected fire alarm system in this facility.  After that time it is the understanding and direction of the Board that the building will be vacant and that a new compliant fire alarm system shall be installed in this facility prior to any new occupancy.  The Board further directs the Applicant to immediately work out fire alarm plans with the North Smithfield Fire Marshal’s Office which would include an approved fire watch of this facility at the direction to the satisfaction of the North Smithfield Fire Marshal anytime the system goes down for more than four (4) hours.  Specifically, if the system in this facility is shut down for a period longer than four (4) hours the North Smithfield Fire Marshal’s Office shall have the right to request a fire watch for this facility and the Applicant shall have the obligation to pay for this fire watch during this interim period.
	
3. The Board hereby directs the Applicant to correct deficiency #3 by providing this facility with approved fire extinguishers installed at the direction and to the satisfaction of the North Smithfield Fire Marshal’s Office within ten (10) days from the date of this decision.
	
4. The Board hereby grants the Applicant a time variance until January 31, 2005 during which period the Applicant shall not be required to provide this facility with approved sprinkler coverage.  After that time, the Board directs the Applicant to vacate this building and to provide sprinkler coverage, if necessary, covering the new occupancy prior to that occupancy.
	
5. It is the understanding of the Board that the Applicant has corrected deficiency #5 by removing the cited pallets.
	
6. It is the understanding of the Board that the Applicant has corrected deficiency #6 by providing this facility with an approved key box installed at the direction and to the satisfaction of the North Smithfield Fire Marshal’s Office.

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)].