The above-captioned cases were scheduled for hearing on November 30, 2010 at 1:00 P.M.  At that time, Acting Chairman Newbrook and Commissioners Richard, Walker, Preiss, Blackburn, Jasparro, Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Wood of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Blackburn 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 June 7, 2010 inspection report compiled by the Narragansett Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Narragansett Fire Marshals Office during the November 30, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the June 7, 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 
	1-4.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the Narragansett Fire Marshals Office.
	5-6.  During the November 30, 2010 hearing on this matter, the Board was advised by the parties that there was a question as to the suitable separation between the units of this facility.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to either present the Narragansett Fire Marshals Office with a plan of action for the correction of deficiencies 5 and 6 by providing this facility with an approved local fire alarm system and fire department key access box or by demonstrating to the Narragansett Fire Marshals Office that the units of this facility either are or may be capable of being separated with approved materials in order to exempt the Applicant from the fire alarm key box requirements.  If the Applicant demonstrates within the above thirty days that the separation is proper, nothing further is necessary.  However, if the Applicant chooses to enhance the separation to the satisfaction of the Narragansett Fire Marshals Office or to fully comply with items 5 and 6, the Board hereby grants the Applicant an additional 150 days in order to bring this facility into compliance.  Finally, the Narragansett Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.

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)].