The above-captioned case was scheduled for hearing on December 6, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Sylvester, Jackson, Jasparro, Walker, Pearson and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Matarese of the Johnston Fire Marshals Office along with Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Walker 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 October 14, 2011 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Johnston Fire Marshals Office and the State Fire Marshals Office during the December 6, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 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.  (11-2110-VN)  At the conclusion of the December 6, 2011 hearing on this matter, the Board granted 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 for the correction of any outstanding deficiencies within this facility.  The above plan of action would also include any documentation required by the State Fire Marshals Office to demonstrate previous correction of a deficiency.  The Board further granted the Applicant an additional 150 days in order to implement the plan of action for the correction of all remaining deficiencies within this facility, at the direction and to the satisfaction of the State and local Fire Marshals Offices.  Accordingly, the Board hereby directs the Applicant to provide the State and Johnston Fire Marshals Office with the requested documentation relating to the layout of furnishings and equipment within this facility, within the initial thirty-day time period, unless extended by the State and/or Johnston Fire Marshals.  
	2.  (11-2113-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 2 and that the emergency lighting units are fully operational.
	3.  (11-2116-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 3 by removing the cited exit door.
	4.  (11-2118-VN).  During the December 6, 2011 hearing on this matter, the Board was advised that the original bingo permit for this facility had been suspended, but that the Applicant has provided a new application for a permit.  The Board was further advised that the Applicant maintains an approved NFPA 13 sprinkler system, having heads on both sides of a one-hour gypsum door.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the one-hour gypsum fire barrier with sprinkler coverage on both sides as an approved separation of the occupancies of this facility.  
	5.  (11-2120-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 5 by providing 1 hour rated doors within the wall assembly separating the industrial and assembly occupancies of this facility.  
	6.  (11-2121-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing the appropriate hardware on the above doors cited in item 5.
	7.  (11-2122-VN).  The Board notes that in its previous decision 030250 it denied the Applicants request for relief to maintain cooking equipment in this facility without approved ventilation and suppression.  Accordingly, the Board directs the Applicant to remove the cited cooking equipment from the kitchen in accordance with the timelines outlined in item 1 above.  Specifically, the Applicant shall have the 30 and 150 days in order to remove the cited kitchen equipment, at the direction and to the satisfaction of the State and Johnston Fire Marshals offices.
	8.  (11-2123-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 8 by removing the cited extension cords.
	9.  (11-2124-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 9 by removing the cited extension cords that appeared to be installed through the suspended ceiling.  However, the Board directs the State and Johnston Fire Marshals Office to verify this correction.
	10.  (11-2125-VN).  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to correct deficiency 10 by providing this facility with approved sprinkler coverage below the sub-ceiling in the rooms and spaces that have been renovated and/or modified, at the direction and to the satisfaction of the State and Johnston Fire Marshals Offices.
	11.  (11-2126-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 11.
	12.  (11-2127-VN).  The Board hereby directs the Applicant to correct deficiency 12 by providing the State and Johnston Fire Marshals with the required documentation as to the record of exit access inspections conducted by the building owner.  
	13.  (11-2128-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 13 by providing the State and Johnston Fire Marshals with documentation as to the training of employees in the use of portable fire extinguishers.
	14.  (11-2136-VN).  The Board directs the Applicant to correct deficiency 14 by providing evidence or documentation of the periodic audible announcements it will be making to the occupants in the event the assembly occupancy is reinstituted within this complex.  
	15.  (11-2137-VN).  The Board hereby directs the Applicant to correct deficiency 15 by providing approved documentation or evidence as to the periodic testing of the emergency lighting of this facility.
	16.  (11-2138-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 16 by properly maintaining the portable fire extinguishers within this facility.
	17.  (11-2139-VN).  The Board hereby directs the Applicant to correct deficiency 17 by providing the cited records of the inspection or documentation of the portable fire extinguishers at the direction and to the satisfaction of the State Fire Marshals Office.
	18.  (11-2144-VN).  This item has been addressed in item 7 above.
	19.  (11-2146-VN).  The Board hereby directs the Applicant to correct deficiency 19 by providing the Johnston Fire Marshals Office with the required plans as outlined therein.
	20.  (11-2148-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 20 by properly marking and locking the fire alarm branch circuit.
	21.  (11-2149-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 21 by removing the cited propane cylinder.
	22.  (11-2098-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 22 and now the cited door is provided with an approved self-closer.

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)].