The above-captioned case was scheduled for hearing before a subcommittee of the Board on March 30, 2010 at 1:00 P.M.  At that time, Vice Chairman Newbrook and Commissioners Richard and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Matarese of the Johnston Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioner Richard to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  

The above recommendations were thereupon presented to the full Board on April 6, 2010 at 1:00 P.M.  Vice Chairman Newbrook and Commissioners Filippi, Richard, Walker, Preiss, Dias, Jasparro and Pearson were present.  A motion to approve the subcommittee recommendations was made by Commissioner Dias and seconded by Commissioner Filippi.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a October 27, 2009 inspection report compiled by the Johnston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Johnston Fire Marshals Office during the March 30, 2010 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the October 27, 2009 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, 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit plans for the upgrading of the fire alarm system of this facility in accordance with the current code, at the direction and to the satisfaction of the Johnston Fire Marshal's office.  The Board further grants the Applicant an additional 120 days in which to implement those plans at the direction and to the satisfaction of the Johnston Fire Marshal's office.  Finally, the Board hereby authorizes the Johnston Fire Marshal's office to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.
	2.  During the March 30, 2010 hearing on this matter, the Board was advised that the Applicant had corrected a portion of deficiency 2 by replacing the combustible materials within the means of egress with approved materials.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited width of certain components of the means of egress based on structural hardship in the absence of an objection by the Johnston Fire Marshal's office.  
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3.  Specifically, the Applicant shall develop a plan for the rating, hardware and swing of the cited egress system doors within thirty (30) days from the date of this decision.  The Board would further grant the Applicant an additional 120 days in order to implement the door plan, at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by addressing the egress stair deficiencies within this facility at the direction and to the satisfaction of the Johnston Fire Marshal's office.  Specifically, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit his egress stair plan to the Johnston Fire Marshal's office.  The Board further grants the Applicant an additional 120 days in which to implement the above egress stair plans at the direction and to the satisfaction of the Johnston Fire Marshal's office.  
	5.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by providing approved illumination within the egress system of this facility to the satisfaction of the Johnston Fire Marshal's office.  Specifically, the Applicant shall have thirty (30) days from the date of this decision in which to develop a plan of action for approved illumination.  The Board further grants the Applicant an additional 120 days in order to implement the plan for illumination of the egress system, at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 at the direction and to the satisfaction of the Johnston Fire Marshal's office.  Specifically, the Applicant shall have thirty (30) days from the date of this decision in which to develop a plan for the installation and upgrade of the emergency lighting within this facility.  The Board shall further grant the Applicant an additional 120 days in which to implement the above plan at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	7  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 7 at the direction and to the satisfaction of the Johnston Fire Marshal's office.  Specifically, the Applicant shall have thirty (30) days from the date of this decision in which to develop and submit a plan of action for the upgrade of the exit signage within this facility.  The Board shall further grant the Applicant an additional 120 days in which to implement the above plan at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 8 at the direction and to the satisfaction of the Johnston Fire Marshal's office.  Specifically, the Applicant shall have thirty (30) days from the date of this decision in which to develop and submit a plan of action for the upgrade of the sprinkler system of this facility in accordance with the code, at the direction and to the satisfaction of the Johnston Fire Marshal's office.  The Board shall further grant the Applicant an additional 120 days in which to implement the above plan at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	9.  The Board hereby grants the Applicant a time variance of fifteen (15) days from the date of this decision in which to remove the cited storage in the electrical/boiler room area, at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	10.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 10 at the direction and to the satisfaction of the Johnston Fire Marshal's office.  Specifically, the Applicant shall have thirty (30) days from the date of this decision in which to develop and submit a plan of action to bring the interior finish walls and ceilings into compliance with the code.  The Board shall further grant the Applicant an additional 120 days in which to implement the above plan at the direction and to the satisfaction of the Johnston Fire Marshal's office.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by removing the cited decorations and candles.
	12.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to correct deficiency 12 by properly venting all heating equipment within this facility at the direction and to the satisfaction of the Johnston Fire Marshal's office, or designee.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 by addressing the electrical wiring issues within this facility.  The Board hereby directs the Applicant to continue to monitor this facility and maintain it free of illegal electrical wiring.
	14.  The Board hereby grants the Johnston Fire Marshal's office the authority to extend any and all of the above deadlines 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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).