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 Assistant Deputy State Fire Marshal Christopher Hiener of the Union Fire District Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioner Jackson 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 20, 2010 inspection report compiled by the Union Fire District Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Union Fire District Fire Marshals Office during the October 18, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the July 20, 2010 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.  The Board hereby grants the Applicant a time variance of 120 days from the date of this decision for the Applicant to correct deficiency 1 at the direction and to the satisfaction of the Union Fire District Fire Marshals Office.  The Board notes that the Union Fire District Fire Marshals Office may extend the above deadline for good faith efforts being shown by the Applicant.  Finally, the Board notes that the Applicant has projected that this work shall be completed within ninety (90) days.
	2.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 2 by providing this facility with approved working emergency lights.  The Board was further advised that the Applicant projected that deficiency 2 would be corrected within ninety (90) days.
	3.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 3 by providing approved exit signage at the direction and to the satisfaction of the Union Fire District Fire Marshals Office.  The Board notes that it was advised that the Applicant should have this corrected within ninety (90) days.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 4 by providing additional emergency lighting in this facility, at the direction and to the satisfaction of the Union Fire District Fire Marshals Office.  The Board further notes that the Applicant projected that deficiency 4 would be corrected within ninety (90) days.
	5.  The Board hereby directs the Applicant to correct deficiency 5 by properly testing and certifying the fire extinguishers within this facility on an annual basis.  The Board hereby grants the Applicant a time variance of fifteen (15) days to commence this process and have the fire extinguishers properly certified.
	6.  The Board hereby directs the Applicant to correct deficiency 6 by assigning an employee or employees to attend crowd management classes at the State Fire Marshals Office and secure certification.  The Board hereby directs the Applicant to so train its employee or employees at the next available State Fire Marshal class, at the direction and to the satisfaction of the Union Fire District Fire Marshals Office.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by providing the cited sprinkler head.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing the appropriate No Smoking signs.

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)].