The above-captioned case was scheduled for hearing on April 24, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Blackburn 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 February 23, 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 April 24, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the February 23, 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. 
	The Board further finds that the subject facility is approximately 450,000 square feet in total area and that the Applicant is requesting time in order to correct the remaining deficiencies.
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.  (12-470-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 1 by properly maintaining the emergency lighting units within this facility.
	2.  (12-472-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 2 by properly maintaining the emergency power supply to this facility.
	3.  (12-474-VN).  The Board hereby grants the Applicant a time variance until December 31, 2012 in which to correct deficiency 3 by providing this facility with the appropriate number of properly located smoke detectors at the direction and to the satisfaction of the State and North Kingstown Fire Marshals offices.
	4.  (12-475-VN).  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 4 by providing the cited area with approved automatic sprinkler protection.
	5.  (12-476-VN).  The Board hereby grants the Applicant the time variance outlined in item 3 above in which to correct deficiency 5 by properly maintaining and/or servicing the cited fire suppression system.
	6.  (12-477-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 6 by providing the riser with a new tag.
	7.  (12-478-VN).  The Board hereby grants the Applicant the time variance outlined in item 3 above in which to correct deficiency 7 by providing approved documentation of the testing and/or maintenance of the standpipe system.
	8.  (12-479-VN).  The Board hereby grants the Applicant the time variance outlined in item 3 above in order to correct deficiency 8 by providing an approved pressure regulator on the standpipe hose connection.
	9.  (12-468-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 9 and that the exterior doors no longer require excessive force to open.


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)].