The above-captioned case was scheduled for hearing on August 17, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Pearson, Preiss, Jasparro, Jackson, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioners Jackson and Jasparro 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 December 31, 2009 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the August 17, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the December 31, 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 a plan of action for the correction of the outstanding deficiencies on the December 31, 2009 inspection report.  The Board further grants the Applicant an additional 150 days in which to implement the above plan of action, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  The Board grants the North Kingstown Fire Marshals Office the ability to extend either or both of the above deadlines for good faith efforts being shown by the Applicant.  Accordingly, the Board hereby grants the Applicant the above time variance in which to correct deficiency 1 by properly posting the building address on the building. 
	2.  The Board hereby directs the Applicant to correct deficiency 2 by providing this facility with an approved municipally connected fire alarm system installed at the direction and to the satisfaction of the North Kingstown Fire Marshals Office in accordance with the above timelines.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by providing this facility with an approved key access box installed at the direction and to the satisfaction of the North Kingstown Fire Marshals Office in accordance with the timelines outlined in item 1 above.
	4.  The Board hereby directs the Applicant to correct deficiency 4 by providing the approved sprinkler coverage in the basement of this facility at the direction and to the satisfaction of the North Kingstown Fire Marshals Office in accordance with the timelines outlined above.
	5.  It is the understanding of the Board that deficiency 5 will be corrected with the installation of sprinkler coverage within this facility.
	6.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 6 by properly enclosing the cited front stairwell at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by properly enclosing the rear stairwell of this facility at the direction and to the satisfaction of the North Kingstown Fire Marshals Office within the timeframes outlined in item 1 above.
	8.  During the August 17, 2010 hearing on this matter, there was a question as to whether deficiency 8 had been complied with.  Accordingly, if additional exit signage is necessary, it shall be installed at the direction and to the satisfaction of the North Kingstown Fire Marshals Office within the time frames outlined in item 1 above.
	9.  The Board hereby directs the applicant to correct deficiency 9 by properly swinging the cited exit door in the rear of the store, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office with the time frame outlined above.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing any additional egress deemed necessary by the North Kingstown Fire Marshals Office within the timelines outlined in item 1 above.
	11.  During the August 17, 2010 hearing on this matter, the Applicant advised the Board that he could correct deficiency 11 without encountering major structural difficulties.  Accordingly, the Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 11 at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	12.  The Board hereby grants a variance from the provisions of sections 7.1.5.1.1 and 7.1.5.2 of NFPA 101 in order to allow the Applicant to maintain the existing headroom and configuration of support beams in the basement of this facility on the basis of structural hardship.
	13.  The Board hereby directs the Applicant to correct deficiency 13 by providing the exit doors of this facility with approved panic hardware installed at the direction and to the satisfaction of the North Kingstown Fire Marshals Office in accordance with the timelines outlined in item 1 above.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing this facility with approved emergency lighting as required by the North Kingstown Fire Marshals Office.
	15.  The Board hereby directs the Applicant to correct deficiency 15 by providing the existing and new exit doors of this facility with approved exit signage installed at the direction and to the satisfaction of the North Kingstown Fire Marshals Office in accordance with the timelines outlined in item 1 above.
	16.  It is the understanding of the Board that the Applicant has corrected deficiency 16 by providing the main level of the store with emergency lighting.
	17.  It is the understanding of the Board that the Applicant shall correct deficiency 17 by providing the furnace area of this facility with sprinkler coverage at the direction and to the satisfaction of the North Kingstown Fire Marshals Office within the timeframes outlined in item 1 above.

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)].