The above-captioned cases were scheduled for hearing on March 23 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Preiss, Richard, Jasparro, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Christopher Hiener of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Preiss to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Dias.

FINDINGS OF FACT
	The numbers of the Decision below correspond with a March 16, 2010 plan of action developed for this facility by the Applicant's fire protection engineer Robert W. Miner of Hughes Associates.  The numbers also correspond with six (6) inspection reports all dated January 8, 2010 covering 24 Salt Pond Road, Buildings A, B C, D, E and F along with a January 9, 2010 inspection report covering 24 Salt Pond Road, Building H.  The above reports were utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the March 23, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the above cited inspection reports along with the March 16, 2010 plan of action 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 following time variance in order to allow the Applicant to bring Buildings D, E and F into compliance by providing these facilities with local fire alarm systems.  The Board shall allow the Applicant to utilize the same time lines as outlined below to bring Buildings A, B, C and H into compliance by providing these buildings with municipally connected fire alarm systems.  The Board notes that the time lines listed in item 1 below, with the exception of the final completion date, have been proposed by the Applicant.
	Accordingly, the Board hereby directs the Applicant to develop architectural drawings for each building by June 30, 2010.  The Board further directs the Applicant to complete the design documents for each building by September 30, 2010.  The Board further directs the Applicant to bid the project and receive installation costs on or before November 30, 2010.  The Board directs the Applicant to review all bids by February 28, 2011.  The Board further directs the Applicant to award the project to a contractor on or before April 30, 2011.  The Board directs the Applicant to review all pre-installation documents and obtain all permits on or before October 31, 2011.  Finally, the Board directs the Applicant to have the installation and testing completed for this project on or before March 31, 2012.  The Board hereby authorizes the Union Fire District Fire Marshal's office to extend the final time line of March 31, 2012 up to a maximum one-year period but not beyond March 31, 2013.  Any extension by the Union Fire District Fire Marshals' office is discretionary and would be based on good faith efforts being shown by the Applicant.
	2.  The Board hereby directs the Applicant to provide Buildings A, B, C and H with approved automatic sprinkler coverage in accordance with RILSC section 39.3.5.1 at the direction and to the satisfaction of the Union Fire District Fire Marshal's office within the following time lines. 
	The Board hereby directs the Applicant to develop architectural drawings for each building on or before June 30, 2010.  The Board further directs the Applicant to complete all design documents on or before September 30, 2010.  The Board hereby directs the Applicant to bid the project and receive installation costs on or before November 30, 2010.  The Board hereby directs the Applicant to review bids by February 28, 2011 and to award the project to a contractor on or before April 30, 2011.  The Board directs the Applicant to review all pre-installation documents and obtain permits on or before October 31, 2011.  Finally, the Board directs the Applicant to complete all installation and testing on or before March 31, 2012.  Again, the Board hereby authorizes the Union Fire District Fire Marshal's office with the ability to extend the above installation and testing deadline for one year up to March 31, 2013.  Any extension shall be discretionary and shall be based on good faith efforts being made by the Applicant.
	3.  The Board hereby grants the Applicant a time variance until March 30, 2010, in which to correct deficiency 3 by repairing all cited emergency lighting and exit signage and by further maintaining these units in accordance with the Life Safety Code.
	4.  The Board hereby grants the Applicant a time variance until March 30, 2010 in which to correct deficiency 4 by properly testing and/or installing approved fire extinguishers, at the direction and to the satisfaction of the Union Fire District Fire Marshal's office.  
	5.  The Board hereby grants the Applicant a time variance until March 30, 2010 in which to correct deficiency 5 by ensuring that all exit doors with deadbolts remain unlocked during all periods of occupancy of this building and that these doors and locks are labeled in accordance with the code, at the direction and to the satisfaction of the Union Fire District Fire Marshal's office. 
	6.  The Board hereby grants the Applicant a time variance until April 30, 2010 in which to correct deficiency 6 by providing this facility with an approved fire department access key box installed at the direction and to the satisfaction of the Union Fire District Fire Marshal's office.
	7.  The Board notes that the Union Fire District Fire Marshal's office shall have the authority to extend the additional time lines outlined in items 3, 4, 5 and 6 for good faith efforts being shown by the Applicant.  Finally, the Board notes that the Applicant must test the existing fire alarm systems and maintain these systems in good working order throughout the above period.  Finally, the Board notes that in granting this variance, it has been advised that this is not a high-risk occupancy and that there is no overnight occupancy within this complex.

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)].