The above-captioned case was scheduled for hearing before a subcommittee of the Board on March 17, 2011 at 1:00 pm.  At that time, Chairman Newbrook and Commissioners Dias and Filippi were present.  The fire service was represented by Assistant Deputy State Fire Marshal Keith Notarianni of the Middletown Fire Marshals Office.  A motion was made by Commissioner Filippi and seconded by Commissioner Dias to recommend to the full Board that it grant the Applicant the relief outlined herein.  The motion was unanimous.  

The above subcommittee recommendations were thereupon consolidated with the subcommittee recommendations heard on March 22, 2011.  The March 17, 2011 and March 22, 2011 subcommittee recommendations were thereupon presented to the Board on March 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Preiss, Jasparro, Dias, Pearson and Walker were present.  A motion to approve the subcommittee recommendations was made by Commissioner Walker and seconded by Commissioner Pearson.  The motion was unanimous.  Accordingly, the subcommittee determination has the status of a full Board decision.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of both a March 15, 2008 inspection report compiled by the Middletown Fire Marshals Office along with a March 14, 2011 compliance plan of action developed by MWL Consulting Company.  The above report and plan of action were utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the March 17, 2011 subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the March 15, 2008 inspection report along with the March 14, 2011 compliance 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1.
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to address deficiency 3 at the direction and to the satisfaction of the Middletown Fire Marshals Office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by improving the cited handrails.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to complete the upgrading of the fire alarm system within this facility, at the direction and to the satisfaction of the Middletown Fire Marshals Office.  
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7.
	8.  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 of action which would possibly include an increase of the exterior egress in order to be granted relief from the sprinkler system requirements of table 3.1.6.  Specifically, if the Applicant develops a plan of action to properly egress the second level of this facility to the satisfaction of the Middletown Fire Marshals Office, the Applicant would not be required to sprinkler this seasonal facility.  
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).