The above-captioned case was scheduled for hearing on November 15, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Blackburn, Jasparro, Jackson and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Robert McCall of the Middletown Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Jasparro and Vice Chairperson Filippi to grant the Applicant relief as outlined herein.  The motion passed over the opposition vote of Commissioner Jackson.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 13, 2009 inspection report compiled by the Middletown Fire Marshals Office along with a November 9, 2011 follow-up report compiled by MWL Consulting.  The above reports were utilized by the Board, the Applicant and the Middletown Fire Marshals Office during the November 15, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the February 13, 2009 inspection report along with the November 9, 2011 follow-up consultant 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 
	1-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2 and 3 as outlined on the above reports.
	4.  It is the understanding and direction of the Board that any remaining deficiencies in item 4 shall be addressed by the Applicant within the time frame granted in item 9 below.
	5-8.  It is the understanding of the Board that deficiencies 5, 6, 7 and 8 have been corrected by the Applicant.
	9.  During the November 15, 2011 hearing on this matter, the Applicants representative outlined a plan of action that the Applicant would be willing to employ in consideration of receiving a variance from providing detection devices above the ceiling of this facility.  The majority of the members present voted to deny the requested relief and provide the Applicant with a period of time in which to bring deficiency 9 into compliance.  However, administratively the Board left open the possibility of the Applicant returning with a new plan of action for consideration.  Accordingly, 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 to the Middletown Fire Marshals Office for the correction of deficiency 9.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action.  The Board notes that the Middletown Fire Marshals Office may extend this timeline for good faith efforts being shown by the Applicant.  Finally, in the event the Applicant and/or the Middletown Fire Marshals Office with to return to the Board to present and review a new plan of action addressing deficiency 9, the Board shall maintain this file as an open file until the time limits for compliance have expired.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 at the direction and to the satisfaction of the Middletown Fire Marshals Office.

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)].