The above-captioned case was scheduled for hearing on January 24, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame and Richard 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 Dias and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Sylvester and Jasparro.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 11, 2011 inspection report compiled by the Johnston Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Johnston Fire Marshals Office during the January 24, 2011 hearing on this matter.  Accordingly, the Board hereby incorporates the October 11, 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 
	1-6.  During the January 24, 2012 hearing on this matter, the Board was advised and finds that the Applicant had requested time with a variance for the exit signage in this facility.  With regard to the exit signage, the Board hereby grants a variance in order to allow the Applicant to maintain a non-illuminated exit sign over the exit of this facility, to be externally illuminated by the emergency lighting required for this facility.  The Board hereby grants the Applicant a time variance in order to correct the remaining deficiencies outlined in the October 11, 2011 inspection report, prior to occupying the fourth unit of this facility.  Specifically, the Applicant would be expected to maintain this facility as a compliant three-family occupancy at the direction and to the satisfaction of the Johnston Fire Marshals Office, until such time as it wished to occupy the fourth unit of this facility.  The fourth unit of this facility shall not be occupied until such time as the Applicant brings the remainder of the facility into full compliance with the October 11, 2011 report as modified above with the allowance of externally illuminated exit signage.

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)].