The above-captioned case was scheduled for hearing on September 9, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Jackson, Preiss, Filippi, Richard, Jasparro, Dias and Pearson were present.  Commissioner Walker recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Carey, Bellamy and Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Filippi 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 July 29, 2006 inspection report compiled by the East Providence Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the September 9, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the July 29, 2006 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.  
The Board further had before it a June 19, 2008 plan of action prepared and submitted by Gaskell Associates.  The plan of action was also utilized by the parties and accordingly, the Board hereby adopts the June 19, 2008 Gaskell plan of action as additional findings of fact in this case.
	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.  During the September 9, 2008 hearing on this matter, the Board noted that the East Providence Fire Marshal's office had approved the Applicants June 19, 2008 plan of action.  Accordingly, the Board hereby approves the June 19, 2008 plan of action with the following time limitations.  The Board hereby grants the Applicant a time variance of 120 days to design, submit and secure approval by the East Providence Fire Marshal's office of any necessary plans and specifications outlined in the June 19, 2008 plan of action to address deficiencies 1-14 of the July 29, 2006 inspection report.  The Board hereby grants the Applicant an additional 120 days from the completion of the above time period in order to implement the approved plan of action at the direction and to the satisfaction of the East Providence Fire Marshal's office.  Finally, the Board hereby grants the East Providence Fire Marshal's office the authority to extend any of the above time limits for good faith efforts being made by the Applicant.  In light of the above, it is the understanding of the Board that the East Providence Fire Marshal's office has no objection to the plan or to the above time periods.  Accordingly, the Board hereby directs the Applicant to correct deficiency 1 in accordance with the plan of action as outlined above.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 in accordance with its plan of action as outlined above.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the East Providence Fire Marshal's office.  
	5.  The Board hereby directs the Applicant to correct deficiency 5 in accordance with its plan of action as outlined above.
	6.  The Board hereby directs the Applicant to correct deficiency 6 in accordance with its plan of action as outlined above.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	8.  The Board hereby directs the Applicant to correct deficiency 8 in accordance with its plan of action as outlined above.
	9.  The Board hereby directs the Applicant to correct deficiency 9 in accordance with its plan of action as outlined above.
	10.  The Board hereby grants a variance in order to allow the Applicant to partially sprinkler this facility as outlined in its June 19, 2008 plan of action addressing this deficiency, at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	11.  The Board hereby directs the Applicant to correct deficiency 11 in accordance with its plan of action as outlined above.
	12(a)(b)(c)(d)(e).  It is the understanding of the Board that the Applicant has corrected deficiency 12(a)(b)(c)(d)(e) at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 at the direction and to the satisfaction of the East Providence Fire Marshal's office.
	14(a).  The Board hereby directs the Applicant to correct deficiency 14(a) in accordance with the plan of action outlined above.
	14(b).  It is the understanding of the Board that the Applicant has corrected deficiency 14(b) at the direction and to the satisfaction of the East Providence 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 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)].