The above-captioned case was scheduled for hearing on June 14, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester and Dias were present.  The fire service was represented by Chief Plan Review Officer Wade Palazini of the State Fire Marshals Office.  A motion, to re-affirm the prior variance, was made by Commissioner Richard and seconded by Commissioner Sylvester.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 10, 2009 plan review report compiled by the State Fire Marshals Office. The above plan review report was utilized by the Board, the Applicant and the State Fire Marshals Office during the June 14, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 10, 2009 plan review 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
1.	Upon review of the record and testimony in this case, the Board notes that a variance, covering the open stair identified in Deficiency 1, was previously granted by it in file number 960224. The State Fire Marshals Office advised the Board that it had no objection to the Boards reaffirmation of the above variance under the latest code (RILSC Section 38.3.1). Accordingly, the Board hereby re-affirms the original variance in order to allow the Applicant to maintain the open stair between the upper and lower levels of this facility.     
2  6.	It is the understanding of the Board that the Applicant has corrected Deficiencies 2, 3, 4, 5 and 6, at the direction and to the satisfaction of the State Fire Marshals Office. 

STATUS OF DECISION AND APPEAL RIGHTS
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)].