The above-captioned case was scheduled for hearing on August 25, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Pearson, Richard, Jackson, Preiss, Blackburn, Dias and Jasparro were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Richard 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 10, 2008 inspection report compiled by the State Fire Marshals Office along with a May 18, 2009 plan of action developed by the Applicant.  The above report and plan of action were utilized by the Board, the Applicant and the State Fire Marshals Office during the August 25, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 10, 2008 inspection report along with the May 18, 2009 plan of action developed by the Applicant as its initial findings of fact.  Any modification of the Boards 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 or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  It is the understanding of the Board that the Applicant has corrected deficiency 1 by replacing the cited doors at the direction and to the satisfaction of the State Fire Marshal's office.
	2-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3 and 4 at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to correct deficiency 5 at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further grants the State Fire Marshal's office the authority to extend the above deadline for good faith efforts being demonstrated by the Applicant.
	6-9.  It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7, 8 and 9(a)(b)(c)(d) at the direction and to the satisfaction of the State Fire Marshal's office.
	10.  The Board hereby grants the applicant a variance in order to utilize detecto-Wire in the drop ceiling throughout this facility.  The Board hereby grants the applicant a time variance of sixty (60) days from the date of this decision in order to install the above detecto-wire at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further grants the State Fire Marshal's office the authority to extend the above time line for good faith efforts being shown by the Applicant.
	11.  The Board hereby grants the Applicant a time variance of sixty (60) days from the date of this decision in order to correct deficiency 11 by upgrading the manual pull stations throughout this facility with compliant double action pull stations at the direction and to the satisfaction of the State Fire Marshal's office.  The Board further grants the State Fire Marshal's office the authority to extend the above time line for good faith efforts being shown by the Applicant.

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 Applicants 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 Boards 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 Boards 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)].