The above-captioned buildings, comprising this complex, were scheduled for an onsite subcommittee review on May 19, 2011 at 10:00 A.M.  At that time, Chairman Newbrook, Commissioner Dias and Director Coffey were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Kaitlyn Foley of the State Fire Marshals Office.  Also in attendance were the owner of the complex, Mr. David Turano, the Charlestown Building Official, Joseph Warner, and the Charlestown Electrical Inspector.  At the conclusion of the on-site review, a motion was made by Commissioner Dias and seconded by Chairman Newbrook to recommend that the Board grant the Applicant the relief as outlined herein.  The motion was unanimous.
The subcommittee recommendations were thereupon presented to the Board on June 7, 2011 at 1:00 PM.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jasparro, Walker, Pearson and Dias were present.  A motion was made by Commissioner Jasparro and seconded by Commissioner Walker.  The motion was unanimous.  Accordingly, the Subcommittee Recommendations now have the status of a full Board Decision. 

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of four separate inspection reports compiled by the State Fire Marshals Office on February 11, 2011.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the hearing on this matter.  Accordingly, the Board hereby incorporates the February 11, 2011 reports 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the state fire code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
A.	4820 Old Post Road (Cheap Frills)	Fire Board File No.  110069

1.  (11-350-VN).	During the May 19, 2011 onsite review of this facility, the Subcommittee was advised that the Applicant planned to demolish the subject facility and rebuild a code compliant building.  Accordingly, the Board hereby grants a time variance, until October 10, 2011, for the Applicant to correct Deficiency 1 by either providing this building with an approved interior finish, or by permanently vacating the facility as outlined above.  
2.  (11-341-VN).	The Board hereby grants the Applicant the time variance outlined in Item 1 above to either provide this building with an approved local fire alarm system or to vacate the building by October 10, 2011.  As a condition of this variance, the Board hereby directs the Applicant to immediately install three (3) battery powered smoke detectors in the main room of this facility and to provide an additional smoke detector in the storage area, at the direction and to the satisfaction of the State Fire Marshals Office.
3.  (11-344-VN).	The Board hereby grants the Applicant the time variance outlined in Item 1 above to either provide this building with illuminated exit signage or to vacate the building by October 10, 2011.  As a condition of this variance, the Board hereby directs the Applicant to immediately install approved metal exit signage in the main room of this facility at the direction and to the satisfaction of the State Fire Marshals Office.
4 & 5  (11-336-VN/11-351-VN).	The Board hereby directs the Applicant to correct Deficiencies 4 and 5 by removing the cited extension cords and doubled power taps and by correcting any remaining electrical deficiencies, in accordance with a plan approved by the Charlestown Electrical Inspector, to the satisfaction of the State Fire Marshals Office prior to the public occupancy of this facility. 
6.  (11-349-VN).	The Board hereby grants the Applicant the time variance outlined in Item 1 above to either increase the cited headroom to the satisfaction of the State Fire Marshals Office or to vacate the building by October 10, 2011.  
7.  (11-343-VN).	During the May 19, 2011 Subcommittee onsite review of this facility, the Applicant and the State Fire Marshals Office advised the Subcommittee that Deficiency 7 had been corrected.  Accordingly, the Board hereby directs the Applicant to properly maintain the egress system free of combustible vegetation and other obstructions at the direction and to the satisfaction of the State Fire Marshals Office.  

B. 	4820 Old Post Road (The Fantastic Umbrella Factory) 
Fire Board File No.  110070

1.  (11-187-VN).	During the May 19, 2011 onsite review of this facility, the Subcommittee was advised that the Applicant planned to completely renovate the subject facility in accordance with the building and fire codes and that the majority of the deficiencies would be corrected prior to re-occupancy unless otherwise noted herein.
During the May 19, 2011 Subcommittee onsite review of this facility, the Applicant and the State Fire Marshals Office further advised the Subcommittee that Deficiency 1 had been corrected by the Applicant and that the walkways serving as the means of egress had been properly cleared.  Accordingly, the Board hereby directs the Applicant to properly maintain the egress system free of combustible vegetation and other obstructions at the direction and to the satisfaction of the State Fire Marshals Office.  
2.  (11-120-VN).	The Board hereby grants the Applicant a time variance, until October 10, 2011, to correct Deficiency 2 by properly separating the furnace area from the mercantile area at the direction and to the satisfaction of the State Fire Marshals Office.
3.  (11-206-VN).	As outlined in Item 1 above, the Board was advised that Deficiency 3 had been corrected by the Applicant and that the walkways serving as the means of egress had been properly cleared.  Accordingly, the Board hereby directs the Applicant to properly maintain the egress system free of combustible vegetation and other obstructions at the direction and to the satisfaction of the State Fire Marshals Office.
4.  (11-124-VN).	During the May 19, 2011 onsite review of this facility, the Subcommittee was advised that the Applicant planned to provide the subject facility with an approved second means of egress door prior to re-occupancy.  The Board hereby directs the Applicant to correct Deficiency 4 by providing the above new approved means of egress, and the original egress doors, with approved exit signage installed at the direction and to the satisfaction of the State Fire Marshals Office prior to the re-occupancy of this facility. 
5.  (11-208-VN).	It is the understanding of the Board that the Applicant has corrected Deficiency 5 and that the egress door locking system is currently in compliance with the code. 
6.  (11-119-VN).	The Board hereby grants the Applicant a time variance, until October 10, 2011, to correct Deficiency 6 by providing this building with an approved local fire alarm system installed at the direction and to the satisfaction of the State Fire Marshals Office.  As a condition of this variance, the Board hereby directs the Applicant to provide this facility with approved battery powered smoke detectors installed at the direction and to the satisfaction of the State Fire Marshals Office prior to occupancy.
7 & 8.  (11-125-VN & 11-207-VN).	The Board hereby directs the Applicant to correct Deficiencies 7 and 8 by providing this facility with approved emergency lighting and fire extinguishers, installed at the direction and to the satisfaction of the State Fire Marshals Office, prior to occupancy.
9.  (11-185-VN).	It is the understanding of the Board that the Applicant has corrected Deficiency 9 by removing the cited extension cords at the direction and to the satisfaction of the State Fire Marshals Office.
10.  (11-186-VN).	The Board hereby directs the Applicant to correct Deficiency 10, by removing the holiday lighting that was utilized as permanent lighting within this building, at the direction and to the satisfaction of the State Fire Marshals Office prior to occupancy.
11.  (11-123-VN).	The Board hereby directs the Applicant to protect each of the stairways leading to the second level of this facility, by providing each stairway with an approved domestically-supplied sprinkler head, installed at the direction and to the satisfaction of the State Fire Marshals Office, prior to public occupancy of the second level of this facility. 
12.  (11-123-VN).	The Board hereby directs the Applicant to correct Deficiency 12, by providing the first floor of this facility with an approved remotely located egress door, installed at the direction and to the satisfaction of the State Fire Marshals Office, prior to re-occupancy.
13.  (11-121-VN).	The Board hereby directs the Applicant to correct Deficiency 13, by providing this facility with an approved Class C or better interior finish, installed at the direction and to the satisfaction of the State Fire Marshals Office, prior to re-occupancy.
C.	4820 Old Post Road (Small Axe) Fire Board File No.  110071

1.  (10-3362-VN).	The Board hereby directs the Applicant to correct Deficiency 1 by removing any remaining extension cords used as permanent wiring, at the direction, to the satisfaction, and within a time table established by, the State Fire Marshals Office.
2 through 5.  (10-3366-VN, 10-3363-VN, 10-3368-VN, 10-3367-VN). It is the understanding of the Board that the Applicant has corrected Deficiencies 2, 3, 4 and 5, at the direction and to the satisfaction of the State Fire Marshals Office.  With regard to Deficiency 4, the Board further directs the Applicant to paint the interior side of the exit doors leading from this facility with a contrasting color to the remaining interior walls of this facility. 
6.  (10-3369-VN).	During the May 19, 2011 onsite review of this facility, the Subcommittee noted that the Caf portion of this facility maintained seating for approximately 28 patrons.  Accordingly, the Board hereby grants a variance in order to allow the State Fire Marshal to post the Caf with a maximum occupancy of twenty-eight (28) patrons.  In light of the above, the Board shall allow this area to also be considered Mercantile as opposed to Assembly.  Accordingly, the Board determines that there is no need to separate the two (2) Mercantile occupancies within this building. 
7.  (11-23-VN).	It is the understanding of the Board that the Applicant has corrected Deficiency 7 by having the cited fire extinguisher inspected and approved. 
8.  (11-24-VN).	During the May 19, 2011 onsite review, the Subcommittee toured the open mezzanine on the second level of this facility.  The Board hereby grants a variance to allow the Applicant to maintain the existing egress and to protect the cited stairway leading from the second level to an exit discharge door near its base, with two (2) domestically-supplied sprinkler heads installed at the direction, to the satisfaction, and within a time-table established by, the State Fire Marshals Office. 
9.  (11-30-VN).	The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this Decision, in which to correct Deficiency 9 by providing approved hardwired smoke detectors on each floor level and in each staircase leading to the basement of this facility at the direction and to the satisfaction of the State Fire Marshals Office.
10.  (11-27-VN).	The Board hereby grants a variance in order to allow the Applicant to maintain the existing interior finish of this facility.  As a condition of this variance, the Board directs the Applicant to utilize at least a Class C finish, at the direction and to the satisfaction of the State Fire Marshals Office, in the event the Applicant re-finishes the interior walls of this facility in the future.
11.  (10-3365-VN).	It is the understanding of the Board that the Applicant has corrected Deficiency 11 by properly mounting the cited fire extinguisher.  The Board hereby directs the Applicant to provide the cited extinguisher with an approved sign installed at the direction and to the satisfaction of the State Fire Marshals Office. 
12. (11-29-VN).	It is the understanding of the Board that the Applicant has corrected Deficiency 12 by providing the furnace area with an approved domestically-supplied sprinkler head.
13.  (11-219-VN).	The Board hereby grants a variance in order to allow the Applicant to maintain the existing means of egress from the Caf within this facility.  As a condition of this variance, as outlined above, the Board directs the Applicant to maintain the Caf at an occupancy of no more than twenty-eight (28) patrons, at the direction and to the satisfaction of the State Fire Marshals Office.
14.  (11-217-VN).	As outlined in Item 8 above, the Board hereby grants a variance to allow the Applicant to protect the cited stairway leading from the second level to an exit discharge door near its base, with two (2) domestically-supplied sprinkler heads installed at the direction, to the satisfaction, and within a time-table established by, the State Fire Marshals Office. 
15.  (11-25-VN).	As outlined in Item 10 above, the Board granted a variance in order to allow the Applicant to maintain the existing interior finish of this facility.  As a condition of this variance, the Board directed the Applicant to utilize at least a Class C finish, at the direction and to the satisfaction of the State Fire Marshals Office, in the event the Applicant re-finishes the interior walls of this facility in the future.
16 & 17.  (10-3364 and 11-51-VN).	It is the understanding of the Board that the Applicant has corrected Deficiencies 16 and 17 at the direction and to the satisfaction of the State Fire Marshals Office. 
D.	4820 Old Post Road (Vintage Eye Ware) Fire Board File No. 110072

1 through 4.  (11-352-VN, 11-47-VN, 11-46-VN and 11-50-VN). It is the understanding of the Board that the Applicant has corrected Deficiencies 1, 2, 3 and 4 at the direction and to the satisfaction of the State Fire Marshals Office.
5.  (11-342-VN).	During the May 19, 2011 onsite review of this facility, it was determined that this seven hundred sixty (760) square foot facility did not require a fire alarm system.  However, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of the Decision in order to provide this facility with approved battery powered smoke detection installed at the direction and to the satisfaction of the State Fire Marshals Office. 
6 through 8.  (11-48-VN, 11-353-VN and 11-49-VN). It is the understanding of the Board that the Applicant has corrected Deficiencies 6, 7 and 8 at the direction and to the satisfaction of the State Fire Marshals Office.  The Board directs the Applicant to continue to maintain proper clearance between the gas-fired unit and any combustibles within the mercantile occupancy. 

STATUS OF DECISION AND APPEAL RIGHTS
The Subcommittee Recommendations now have the status of a full Board Decision.  The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Subcommittee Recommendation & Decision, by filing a written request to be heard by the full Board.  Commencement of such a request does not operate as an automatic stay of this Decision.