The above-captioned case was scheduled for hearing on January 10, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jasparro, Jackson, Pearson, Walker and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Richard Matarese of the Johnston Fire Marshals Office.  A motion was made by Commissioner Sylvester 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 September 24, 2011 inspection report compiled by the Johnston Fire Marshals Office.  At the beginning of the January 10, 2012 hearing, the Johnston Fire Marshals Office advised the Board that the cited square footage within the September 24, 2011 inspection report was incorrect and that the actual square footage was 4,836 square feet.  The Board so noted this correction.

The above report was then utilized by the Board, the Applicant and the Johnston Fire Marshals Office during the January 10, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the September 24, 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.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action for the upgrade of the fire alarm system of this facility.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action by bringing the fire alarm system of this facility into full compliance with the code.  Finally, the Board notes that the Johnston Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	2-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 2 and 3 by installing the key access box and maintaining the emergency lighting and exit signage.
	4.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to connect the Ansul system in the kitchen to the upgraded fire alarm system once approved by the Johnston Fire Marshals Office.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 and that all of the fire extinguishers within this facility have current testing stickers.

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)].