The above-captioned case was originally scheduled for hearing on May 1, 2012 and thereupon reassigned for subcommittee hearing.  The on-site subcommittee was conducted on May 8, 2012 at 10:00 A.M.  At that time, present for the Board were Chairman Newbrook, Commissioner Dias and Director Coffey.  A motion was made by Commissioner Dias and seconded by Chairman Newbrook to present the subcommittee findings to the full Board during the May 8, 2012 afternoon session.  The motion was unanimous.  
	Accordingly, the above captioned subcommittee recommendations were presented to the full Board on May 8, 2012.  At that time, Chairman Newbrook and Commissioners Burlingame, Sylvester, Walker and Dias were present.  A motion was made by Commissioner Sylvester and seconded by Commissioner Walker to accept the subcommittee recommendations.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a February 28, 2012 inspection report compiled by the Tiverton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Tiverton Fire Marshals Office during the on-site review of this facility.  Accordingly, the Board hereby incorporates the February 28, 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.  The Board hereby grants a variance in order to allow the Applicant to move the dumpster to the south east corner of this facility and to provide a curb extending at least four feet from the building in order to prevent the dumpster from being placed closer than four feet to the building.  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 above modifications to be made.  The Board further grants the Applicant an additional 150 days to implement the above plan of action.  Finally, the Board hereby notes that the Tiverton Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.  Finally, the Board notes that this plan of action appears to be the original proposal by the State Fire Marshals Office with the modification of locating the dumpster to the rear of the building in order to eliminate the egress issue.

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 submitting a written appeal of the above subcommittee recommendations to the entire Fire Board for review, pursuant to Board Rule 6-2-9.  The Applicant shall thereupon be scheduled for hearing before the full Board of Appeal & Review.  Commencement of such an action does not operate as an automatic stay of this decision (RIGL 42-35-15(c)).