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, Richard, Jasparro, Pearson, Dias and Filippi were present.  Commissioners Walker and Blackburn recused themselves from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshals Oscar Elmasian, James Bellamy and Robert Powers of the East Providence Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Pearson 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 both an August 31, 2010 inspection report compiled by the East Providence Fire Marshals Office along with a December 30, 2010 plan of action addressing the deficiencies of the August 31, 2010 report.  The above report and plan of action were utilized by the Board, the Applicant and the East Providence Fire Marshals Office during the January 4, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 31, 2010 inspection report along with the December 30, 2010 plan of action 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 
	1-36.  During the January 4, 2011 hearing on this matter, the East Providence Fire Marshals Office advised the Board that it accepts the December 30, 2010 plan of action submitted by the Applicant.  This acceptance is conditioned upon the Applicants submission of a fire alarm plan to the Fire Alarm Division.  Finally, the parties agree to a period of thirty (30) days in which to submit all plans of action to the respective authorities and an additional 150 days in order to implement the above plans of action.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit all necessary plans to the East Providence Fire Marshals Office for the correction of deficiencies 1-36.  The Board further grants the Applicant an additional 150 days in order to implement the above plans of action.  The Board hereby grants the East Providence Fire Marshals Office the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.  Finally, the Board shall maintain this as an open file in the event either or both of the parties wish to return to address any specific questions that may arise.

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)].