The above-captioned case was scheduled for hearing on July 12, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Sylvester, Jackson, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner 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 a March 22, 2011 re-inspection report compiled by the Narragansett Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the July 12, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the March 22, 2011 re-inspection report compiled by the Narragansett Fire Marshals Office 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 understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the State Fire Marshals Office.
	3.  The Board hereby directs the Applicant to correct deficiency 3 by either properly servicing or removing the cited Ansul systems at the direction and to the satisfaction of the State Fire Marshals Office within a timetable established by that Office.
	4-8.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5, 6, 7 and 8 at the direction and to the satisfaction of the State Fire Marshals Office.
	9.  The Board notes that the Applicant shall correct deficiency 9 and post the cited occupancy load after the plans have been reviewed and approved pursuant to the Boards decision.
	10.  The Board hereby directs the Applicant to correct deficiency 10 by providing this facility with a key access box installed at the direction and to the satisfaction of the State Fire Marshals Office within a timetable established by that Office.
	11-12.  It is the understanding of the Board that the Applicant has corrected deficiencies 11 and 12 to the satisfaction of the State Fire Marshals Office.
	13.  In order to determine whether this facility qualifies for the installation of a sprinkler system, the Board hereby directs the Applicant to provide the State Fire Marshals Office with the sales figures from July 12, 2011 through July 12, 2012 and to maintain the occupancy of this facility at 170 people during this period.  After the State Fire Marshals Office has had the opportunity to review the above sales figures, if it is determined that the Applicant needs a sprinkler system the parties are free to return to the Board for a time variance for installation.  In the event the State Fire Marshals Office determines that a sprinkler system is not required based on the above sales figures, the State Fire Marshals Office shall contact the Board and this file shall be closed.

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)].