The above-captioned case was scheduled for hearing on August 23, 2011 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Dias, Pearson and Jackson were present.  Commissioner Jasparro recused himself from consideration of this case.  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 Jackson 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 July 3, 2009 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the August 23, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the July 3, 2009 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 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.  It is the understanding of the Board that the Applicant is working with the North Kingstown Fire Marshals Office for the correction of deficiency 1 by posting the address of this facility at a more visible location on the building.
	2.  The Board hereby grants the Applicant a time variance until July 1, 2012 in order to correct all remaining deficiencies in this facility, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  As a condition of this variance, within two (2) weeks of the date of this decision, the Board directs the Applicant to secure a letter from the owner, confirming that the Applicant is the owners representative and was so authorized to represent him during this hearing.
	3-4.  The Board hereby grants the Applicant the time variance outlined in item 2 above to correct deficiencies 3 and 4 at the direction and to the satisfaction of the North Kingstown Fire Marshals office.
	5-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 5 and 6 at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	7.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing sprinkler coverage of this facility and not to extend the sprinkler system to the outside canopy area.
	8-9.  The Board hereby grants the Applicant the time variance outlined in item 2 above to correct deficiencies 8 and 9 at the direction and to the satisfaction of the North Kingstown Fire Marshals office.
	10-41.  It is the understanding of the Board that the Applicant has corrected deficiencies 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41 at the direction and to the satisfaction of the North Kingstown 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)].