The above-captioned case was scheduled for hearing on May 4, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Dias, Filippi, Walker, Jasparro, Preiss, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshals Richard Matarese and John Horan representing the Johnston Fire Marshals Office.  A motion was made by Commissioner Dias 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 1, 2010 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 May 4, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the March 1, 2010 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.  During the May 4, 2010 hearing on this matter, the Board was advised by the parties that the Applicant maintained sleeping accommodations above the third story of this facility.  The Board was further advised that the Applicant was requesting substantially more time to provide this facility with approved sprinkler coverage than it would need to upgrade the fire alarm system and correct the other deficiencies within this facility.  In light of the unique exit configuration of this facility, the Board determined that it would grant the Applicant additional time to bring this facility into compliance with the code.  Accordingly, the Board hereby grants the Applicant a period of two (2) years from the date of this decision in which to correct deficiency 1 by providing this facility with an approved NFPA 13R sprinkler system installed at the direction and to the satisfaction of the Johnston Fire Marshal's office. 
	2-9.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit plans to the Johnston Fire Marshal's office for the upgrade of the fire alarm system of this facility and the correction of all remaining outstanding deficiencies within this facility.  The Board hereby grants the Applicant an additional 120 days in order to implement those plans at the direction and to the satisfaction of the Johnston 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)].