The above-captioned case was scheduled for hearing on February 5, 2008 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Blackburn, Richard, Pearson, Filippi, Walker and Jackson and Preiss were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Preiss.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a January 23, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 5, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the January 23, 2008 inspection report 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, shall be 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, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby directs the Applicant to correct deficiency 1 by providing this facility with an approved municipally connected fire alarm system prior to occupancy.
	2.  It is the understanding of the Board that there will be no sleeping in this facility and therefore it would not be required to have hard-wired carbon monoxide detection.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing the fire alarm of this facility with an approved drill switch, installed at the direction and to the satisfaction of the State Fire Marshal's office, prior to occupancy.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by properly marking the fire alarm circuit breaker at the panel of this facility, at the direction and to the satisfaction of the State Fire Marshal's office, prior to occupancy of this facility.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by mechanically protecting the cited circuit breaker and properly marking it at the direction and to the satisfaction of the State Fire Marshal's office prior to occupancy of this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly providing the appropriate flame spread rating to the paneling throughout the facility.
	7.  The Board hereby grants a variance from the provisions of section 7.1.5.3 in order to allow the Applicant to maintain the existing headroom on the stairs in the basement.  In granting this variance, it is the understanding and direction of the Board that the basement is generally unoccupied and utilized only for service.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing this facility with approved No Smoking signs.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing special electrical receptacle covers throughout this facility.
	10.  It is the understanding of the Board that the cited center rooms can be exited without going directly to the outside but can establish separate exit routes.  Accordingly, the Board grants the Applicant relief to maintain the existing configuration.

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)].