The above-captioned case was scheduled for hearing on January 4, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Blackburn, Richard, Jasparro, Pearson, Walker, Dias and Filippi 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 Walker and seconded by Commissioners Blackburn and 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 an October 5, 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 January 4, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 5, 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 which to submit plans to the Johnston Fire Marshals Office for the correction of deficiency 1.  The Board further grants the Applicant an additional 150 days in order to implement those plans by correcting deficiency 1 and upgrading the existing fire alarm system at the direction and to the satisfaction of the Johnston Fire Marshals Office.  Finally, the Board notes that the Johnston Fire Marshals Office shall have the authority to extend the above deadlines for good faith efforts being demonstrated by the Applicant.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with an approved key access box.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by removing the cited manual slide locks from the rear emergency exit doors, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 and that the existing panic hardware on the rear exit doors has been placed in good working order.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing this facility with approved exterior emergency lighting, at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing this facility with approved interior emergency lighting at the direction and to the satisfaction of the Johnston Fire Marshals Office.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by providing the portable fire extinguishers within this facility with approved testing stickers at the direction and to the satisfaction of the Johnston Fire Marshals 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)].