The above-captioned case was scheduled for hearing on April 19, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Preiss, Jackson, Walker, Filippi and Dias were present.  Commissioner Jasparro recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Dias.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an April 11, 2011 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 19, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the April 11, 2011 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.

The Board further finds that the subject facility is primarily utilized for the storage of horses, related equipment and supplies.  The Board further finds that the Applicant occasionally has shows in which approximately up to fifty (50) people may be present.  The Board finds that the Applicant has advised it that having a standard fire alarm system within this facility could give rise to safety issues of the riders, the horses and the observers.  However, the Board notes that since the Applicant may maintain up to fifty (50) people within this facility, some limited fire detection would be necessary to ensure both the safety of those people and the security of the animals within this facility.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  (10-2867-VN).  The Board hereby grants the Applicant a variance from installing an approved municipally connected fire alarm system in this facility based on the following conditions.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the installation of emergency lighting, exit signage and a limited fire detection system consisting of detecto-wire or comparable heat detection throughout this facility, connected to a horn/strobe on the outside wall, installed at the direction and to the satisfaction of the State Fire Marshals Office.  The above plan of action would further include the removal of the cook stove, the cook top and the wiring for these devices along with the speaker wire, at the direction and to the satisfaction of the State Fire Marshals Office.  The above plan of action would further limit the occupancy of this facility to fifty (50) people at any one time and limit the amount of hay and other combustible materials to a single days supply within the building.  The Board hereby 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 State Fire Marshals Office.  The Board notes that as an alternative to this relief, the Applicant can simply correct deficiency 1 by providing this facility with an approved municipally connected fire alarm system, installed at the direction and to the satisfaction of the State Fire Marshals Office.  However, in light of the fact that the Applicant conducts shows in this facility, and therefore maintains an assembly occupancy, this facility may require sprinkler coverage if the occupancy is not limited.
	2.  (10-2871-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 2 by properly hanging the fire extinguishers within this facility to the satisfaction of the State Fire Marshals Office.
	3.  (10-2872-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 3 by providing the electrical panels with approved three-foot clearance areas.
	4.  (10-2868-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing this facility with the required emergency lighting.
	5.  (10-2869-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 5 by providing this facility with approved exit signage.
	6.  (10-2870-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly certifying and tagging the cited fire extinguishers throughout this facility.

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)].