The above-captioned case was scheduled for hearing on February 7, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Blackburn, Jackson, Jasparro, Pearson and Dias were present.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioners Blackburn and Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of a January 6, 2012 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the February 7, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the January 6, 2012 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.  (11-1290-VN, 11-1291-VN, 11-1292-VN, 11-1293-VN and 11-1294-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4 and 5 as outlined on the January 6, 2012 inspection report, at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  (11-1296-VN).  During the February 7, 2012 hearing on this matter, the Board was advised and finds that the Applicant is maintaining the total occupancy of this facility at 205 people.  Accordingly, the Board hereby grants a variance in order to allow the Applicant to maintain the maximum occupancy of this facility at two hundred five (205) people and therefore not provide this facility with a sprinkler system that would be potentially required if the higher concentration of people were allowed to occupy this facility.  In the event the Applicant wishes to increase its occupancy in the future, the Applicant shall first review the increased occupancy plan of action with the State Fire Marshals Office and make any appropriate upgrades determined to be necessary by that Office.
	7.  (11-1298-VN).  The Board hereby grants 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 to the State Fire Marshals Office for the correction of deficiency 7 by either replacing the cited padding or rendering it flame resistant, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in which to implement the plan of action for the correction of deficiency 7 at the direction and to the satisfaction of the State Fire Marshals Office.
	8.  (11-1300-VN).  In light of the Applicants voluntary reduction of occupancy of this facility to 205 people with the appropriate signage, the Board finds that deficiency 8 is no longer a violation due to the fact that the facility maintains sufficient egress to support the evacuation of 205 people and that the State Fire Marshals report indicates that the main entrance door can handle the evacuation of 205 people.
	9.  (11-1302-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit a plan of action for the correction of deficiency 9 by providing the cited rooms with approved separation.  The Board further grants the Applicant an additional 150 days in order to implement its plan of action by providing the proper separation at the direction and to the satisfaction of the State Fire Marshals Office.
	10.  (11-1303-VN).  The Board hereby grants 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 deficiency 10 by upgrading the fire alarm system into full compliance with the code.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action at the direction and to the satisfaction of the State Fire Marshals Office.  The Board notes that the State Fire Marshals Office may extend this or any of the above timelines for good faith efforts being shown by the Applicant.
	11.  (11-1289-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 11 by replacing the cited fire extinguisher.

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)].