The above-captioned case was scheduled for hearing on April 26, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Filippi, Preiss, Newbrook and O’Connell were present.  Commissioner Burlingame recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Claude Laflamme of the Cumberland Hill Fire Marshal’s Office.  A motion was made by Vice Chairman Coutu 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 November 1, 2004 inspection report compiled by the Cumberland Hill Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the Cumberland Hill Fire Marshal’s Office during the April 26, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the November 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 this Code, or as approved in particular by the State Fire Marshal”.

CONCLUSIONS AND VARIANCE REQUESTS
	
1.-12.  It is the understanding of the Board that the Applicant shall correct deficiencies 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, at the direction and to the satisfaction of the Cumberland Hill Fire Marshal’s office.
	
13.  During the April 26, 2005 hearing on this matter, the Board was advised that the basement of this facility shall be utilized primarily for storage, and that this area maintains two (2) approved means of egress and is not generally occupied.  The Board was further advised that this facility is protected by a local fire alarm system that shall be upgraded to a municipal system and is also protected by an NFPA 13R system.  In light of the above, the Board hereby grants a variance in order to allow the Applicant to maintain the existing dimension of the stairway risers from the basement to the first level of this facility.  This variance is contingent upon the above conditions being maintained by the Applicant.
	
14.-22.  It is the understanding of the Board that the Applicant shall correct deficiencies 14, 15, 16, 17, 18, 19, 20, 21 and 22 at the direction and to the satisfaction of the Cumberland Hill Fire Marshal’s office.
	
23.-28.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing conditions cited in deficiencies 23, 24, 25, 26, 27 and 28, based on structural hardship and in the absence of an objection by the Cumberland Hill Fire Marshal’s office.  Note:  the Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to correct deficiencies 1-12 and 14-22 at the direction and to the satisfaction of the Cumberland Hill 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)].