The above-captioned cases were 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 and Dias were present. Commissioner Pearson recused himself from consideration of this case. The fire service was represented by the Harmony Fire Department Fire Marshals Office.  A motion was made by Commissioner Jasparro  and seconded by Commissioner Walker.  The motion was unanimous. 

FINDINGS OF FACT
	During the May 17, 2011 hearing covering the above-captioned cases, the Board had before it three (3) May 1, 2008 fire inspection reports compiled by the Harmony Fire Department Fire Marshals Office. The first May 1, 2008 inspection report reviewed (attached to file number 110092), covered Building 1 also identified as the A-Frame. The second May 1, 2008 inspection report reviewed (attached to file number 110093), covered Building 2 also identified as the Office Building.   The third May 1, 2008 inspection report reviewed (attached to file number 110094), covered Building 3 also identified as the Long House. The above reports were utilized by the Board, the Applicant and the Harmony Fire Department Fire Marshals Office during the May 17, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the above three (3) May 1, 2008 inspection reports 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.	During the May 17, 2011 hearing covering the above-captioned cases, the Board was advised that the Applicant would bring the above three (3) buildings into compliance with the fire code at the direction and to the satisfaction of the Harmony Fire Department Fire Marshals Office. The Board was further advised that the Applicant would need additional time to accomplish this task. Accordingly, the Board hereby grants the Applicant a time variance, of thirty (30) days from the date of this Decision, to develop and submit his plan of action, to the Harmony Fire Department Fire Marshals Office, for bringing the above three (3) buildings into compliance. The Board hereby grants the Applicant an additional time variance, of one hundred fifty (150) days from the date of this Decision, to implement the above plan of action at the direction and to the satisfaction of the Harmony Fire Department Fire Marshals Office. 

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)].