The above-captioned case was scheduled for hearing on May 10, 2005 at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Preiss, Newbrook, Burlingame and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Vincent Quinterno of the State Fire Marshal’s Office.  A motion was made by Commissioner Newbrook and seconded by Commissioner Preiss 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 15, 2005 inspection report compiled by the State Fire Marshal’s Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshal’s Office during the May 10, 2005 hearing on this matter.  Accordingly, the Board hereby incorporates the March 15, 2005 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.  The Board hereby directs the Applicant to correct deficiency #1 by providing this facility with an approved fire alarm system, installed at the direction and to the satisfaction of the State and Local Fire Marshal before either temporary or permanent occupancy of this facility.  
	
2.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision in order to provide this facility with approved sprinkler coverage, at the direction and to the satisfaction of the State Fire Marshal’s office.
	
3.  The Board hereby directs the Applicant to correct deficiency #3 by providing this facility with approved portable fire extinguishers, installed at the direction and to the satisfaction of the State Fire Marshal’s office before any temporary or permanent occupancy of this facility occurs.
	
4.  The Board hereby directs the Applicant to correct deficiency #4 by providing the cited smoke and carbon monoxide detection within this facility, at the direction and to the satisfaction of the State and Local Fire Marshals, prior to any temporary or permanent occupancy of this facility.
	
5.  The Board hereby grants a variance from the provisions of section 32.3.2.1 in order to allow the Applicant to maintain the two (2) cited areas with greater than a ½ inch step-down.  
	
6.  The Board hereby grants a variance from the provisions of section 32.2.2.3 in order to allow the Applicant to temporarily utilize the existing windows as a secondary means of escape.  This variance is based on structural hardship.  The Board notes that upon full sprinklering of this facility as outlined in item #2 above, this variance shall be rendered moot because emergency windows shall no longer be necessary.
	
7.  In light of the above, the Board hereby grants the State Fire Marshal’s office the authority to approve a temporary certificate of occupancy for this facility, prior to the completion of item #2.  However, the Board notes that the fire alarm system, extinguishers and other detection required in this decision shall be in place prior to any temporary occupancy being granted.

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)].