The above-captioned case was scheduled for hearing on May 17, 2011 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Preiss, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Vice Chairperson Filippi  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 August 7, 2008 inspection report compiled by the North Kingstown Fire Marshals Office. The above report was utilized by the Board, the Applicants representative and the North Kingstown Fire Marshals Office during the May 17, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 7, 2008 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1 through 9 	It is the understanding of the Board that the Applicant has either corrected deficiencies 1, 2, 3, 4, 5, 6, 7, 8 and 9 to the satisfaction of the North Kingstown Fire Marshals Office or the building was not originally determined to be deficient under the particular cite.  

10.  The Board hereby grants a variance in order to allow the Applicant to maintain the four (4) cited historic panel doors. As a condition of this relief, the Board directs the Applicant to provide the above doors with an approved fire retardant paint, on both sides, at the direction, to the satisfaction, and within a timetable established by, the North Kingstown Fire Marshals Office.   

11 through 15 : It is the understanding of the Board that the Applicant has either corrected deficiencies 11, 12, 13, 14 and 15 to the satisfaction of the North Kingstown Fire Marshals Office or the building was not originally determined to be deficient under the particular cite.  

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)].