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 Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioners Richard and Dias 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 an April 22, 2011 inspection report compiled by the North Smithfield Fire Marshals Office. The above report was utilized by the Board, the Applicant, the State and the North Smithfield Fire Marshals Offices during the June 14, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the April 22, 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  9.	During the June 14, 2011 hearing on this matter, the Board was advised that the Applicant, or his tenants, had corrected items 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the April 22, 2011 inspection report. The Board notes that the North Smithfield Fire Marshals Office shall verify the above corrections. In the event that one or more of the above items is not so corrected, the Applicant shall immediately correct the outstanding item(s) at the direction, to the satisfaction, and within a time table established by, the North Smithfield Fire Marshals office.    
10.	The Board hereby grants the Applicant a time variance consisting of an initial thirty (30) day period in which to develop, and submit to the North Smithfield Fire Marshal for approval, a plan of action for the correction of Deficiency 10 by providing the cited second approved means of egress. The Applicant shall then have an additional one hundred fifty (150) days to implement the above plan of action at the direction and to the satisfaction of the North Smithfield Fire Marshals Office. Finally, the Board hereby grants the North Smithfield Fire Marshals Office the authority to extend either or both of the above time lines for good faith efforts on behalf of the Applicant. 
11.	During the June 14, 2011 hearing on this matter, the Board was also advised that the Applicant had corrected Item 11 of the April 22, 2011 inspection report. The Board notes that the North Smithfield Fire Marshals Office shall verify the above correction. In the event that Item 11 is not so corrected, the Applicant shall immediately correct this deficiency at the direction, to the satisfaction, and within a time table established by, the North Smithfield Fire Marshals office.    
12.	During the June 14, 2011 hearing on this matter, the Board was also advised that the North Smithfield Fire Marshals Office would provide the Karate Studio with the required occupancy sign. 
13.	During the June 14, 2011 hearing on this matter, the Board was further advised that the Applicant had corrected Item 13 of the April 22, 2011 inspection report. The Board notes that the North Smithfield Fire Marshals Office shall verify the above correction. In the event that Item 13 is not so corrected, the Applicant shall immediately correct this deficiency at the direction, to the satisfaction, and within a time table established by, the North Smithfield Fire Marshals office.    
14.	During the June 14, 2011 hearing on this matter, the Board was advised by the Applicant that the actual lower level occupancy of this building is significantly less that the posted potential occupancy. Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days to provide the North Smithfield Fire Marshals Office with a revised floor plan for the lower level of this facility which would limit the total occupancy of the lower level to less than three hundred people and further limit the cited Nightclub area to less than one hundred fifty (150) people. The Applicant is directed to work closely with the Fire Marshal in developing the above floor plan which must also be both reasonable and enforceable by the Fire Marshal. Finally, the Board shall maintain this file open during the above period in order to address any further issues which are raised by either party with regard to this plan of action.    

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)].