The above-captioned case was scheduled for hearing on October 18, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Burlingame, Blackburn, Sylvester, Jackson, Pearson, Jasparro and Dias were present.  The fire service was represented by Chief Fenwick Gardiner of the North Kingstown Fire Department.  A motion was made by Commissioner Dias and seconded by Commissioners Sylvester and Jasparro 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 September 14, 2011 inspection report outlining the list of deficiencies found during an inspection of the facility on August 18, 2011.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the October 18, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the September 14, 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, 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.  During the October 18, 2011 hearing on this matter, the Applicants expert advised the Board that the subject facility, a dance studio, would be utilized as an instructional facility and business occupancy.  After citing additional examples of this occupancy and comparable occupancies, the Board determined that a variance would be in order to post the total occupancy of the combined tenant space at fifty (50) occupants.  The Board was further advised that all recitals have been and shall continue to be held off-premises and that the recitals are currently being held at the high school.  Finally, the Board was advised and finds that the North Kingstown Fire Chief had no objection to the reposting of the occupancy at a maximum of fifty (50) individuals.  Accordingly, the Board so directs the occupancy to be reposted at fifty (50) for the combined tenant space. 
	2.  It is the understanding of the Board that the Applicant has corrected deficiency 2 by properly separating the above occupancy from the business occupancy located in the next unit over.
	3-7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action to the North Kingstown Fire Marshals Office for the correction of deficiencies 3, 4, 5, 6 and 7.  The Board hereby grants the Applicant an additional 150 days in which to implement the above plan of action as it relates to the installation of a fire alarm system and its referenced components.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.  
	10.  The Board hereby grants the Applicant the time variance outlined in items 3 through 7 above in order to correct deficiency 10 by providing this facility with an approved key access box.
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12.  

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)].