The above-captioned cases were originally scheduled for hearing on October 25, 2011.  At that time, the Board was advised that the Fire Marshal who had originally conducted this inspection was unavailable and that the designated North Kingstown Fire Marshal was requesting additional time in order to conduct a follow-up inspection of the facility.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jackson to postpone this case for two (2) weeks.  The motion was unanimous.

The above captioned cases were thereupon rescheduled for hearing on November 8, 2011 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Burlingame, Richard, Blackburn, Jackson, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Scott Kettelle of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Richard 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 an August 10, 2007 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 November 8, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the August 10, 2007 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 
	1-5.  During the November 8, 2011 hearing on this matter, the Board was advised that the Applicant maintained a cement block wall within this facility.  However, it was further noted that the wall had penetrations and that it did not go to the roof.  Accordingly, the Board finds that the cited wall did not properly separate the units of this facility.  Accordingly, the parties have agreed to bring the facility into compliance but need time.  The Board hereby grants the Applicant a time variance of sixty (60) days in which to develop and submit a plan of action for the correction of all remaining deficiencies as outlined on the August 10, 2007 inspection report covering buildings 1 and 2.  The Board hereby grants the Applicant an additional ninety (90) days in order to implement the above plan of action at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  Finally, the Board hereby authorizes the North Kingstown Fire Marshals Office to extend either or both of the above deadlines for good faith efforts being demonstrated by the Applicant.

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)].