The above-captioned case was scheduled for hearing on June 21, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jasparro and Dias  were present.  The fire service was represented by Assistant Deputy State Fire Marshal Mark Vincent of the Hopkins Hill Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Blackburn 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 May 19, 2011 inspection report compiled by the Hopkins Hill Fire Marshals Office. The above report was utilized by the Board, the Applicant and the Hopkins Hill Fire Marshals Office during the June 21, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the May 19, 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, 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.	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision to submit a plan of action for the upgrade of the local fire alarm system in this facility and an additional one hundred fifty (150) days in order to implement that plan of action by upgrading the fire alarm system in this facility at the direction and to the satisfaction of the Hopkins Hill Fire Marshals Office. The Board hereby grants the Hopkins Hill Fire Marshals Office the authority to extend the above timelines for good faith efforts being demonstrated by the Applicant. 
2.	During the June 21, 2011 hearing on this matter the Applicant advised the Board that the Karate Studio, occupying the second level of this facility, maintained a limited occupancy and was well below the Place of Assembly threshold of fifty (50) occupants. Accordingly, the Board hereby grants a variance in order to allow the Applicant to limit the occupancy of the second level Karate Studio and to post the entire second level at forty-nine (49) occupants. In the event that the Karate Studio wishes to temporarily exceed the posted occupancy, for a special event such as a tournament, the Board directs the Applicant to first secure approval from the Hopkins Hill Fire Marshals Office and to further comply with any additional safeguards deemed necessary by that office prior to, and during, the conducting of the special event. In granting this relief, the Board notes that the Hopkins Hill Fire Marshals Office has no objection. 
3.	In light of the limitation of occupancy above, the Board shall allow the Applicant to continue to maintain the second level of this facility as a business occupancy and to maintain the required egress for such an occupancy. As a condition of this relief, the Board directs the Applicant to provide an interior egress system door, at a location at the bottom of the stair identified by the Hopkins Hill Fire Marshals Office, and to either maintain this door in the closed position at all times or to provide the door with an approved magnetic hold open device installed at the direction, to the satisfaction and within a time table established by the Hopkins Hill 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)].