The above-captioned case was scheduled for hearing on August 10, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Pearson, Jackson, Preiss, Dias and Jasparro were present.  The fire service was represented by Assistant Deputy State Fire Marshal Thomas Reed of the Middletown Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook and Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion was unanimous.  

Shortly after the initial vote was taken, the representative of the Middletown Fire Marshal's office advised the Board that the manual fire alarm boxes in this facility were actually fifty-seven inches (57") above the floor level and that the Applicant would need a variance to maintain them at this height.  Accordingly, the original motion was amended and a second vote was taken.  The second vote was also unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 29, 2010 inspection report compiled by the Middletown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the August 10, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the March 29, 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to develop a plan for the correction of the deficiencies remaining on the March 29, 2010 inspection report.  The Board further grants the Applicant an additional 120 days in which to implement the above plan at the direction and to the satisfaction of the Middletown Fire Marshal's office.
	1(a).  The Board hereby directs the Applicant to correct deficiency 1(a) in accordance with the above time lines.
	1(b).  The Board hereby grants a variance from the provisions of section 13.8.10.5.2 in order to allow the Applicant to maintain the existing cited manual fire alarm boxes at fifty-seven inches (57") above the floor level.  
	1(c).  It is the understanding of the Board that the Applicant has corrected deficiency 1(c) and that the cited mini horns need to be inspected.  Accordingly, if the Applicant needs any additional time to fully correct deficiency 1(c), the Applicant shall be provided the time outlined above.
	2-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3 and 4 at the direction and to the satisfaction of the Middletown 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 remotely locating the furnace shut-offs at the direction and to the satisfaction of the Middletown 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 by providing this facility with approved interior wall finishes and repairs.
	7-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 7 and 8 at the direction and to the satisfaction of the Middletown Fire Marshal's office.
	9.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 9 by providing the cited doors with approved magnetic closers installed at the direction and to the satisfaction of the Middletown Fire Marshal's office.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the Middletown 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)].