The above-captioned case was scheduled for hearing on June 19, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Chief Kenneth Finlay and Assistant Deputy State Fire Marshal Nicholas Anderson of the Cumberland Hill Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Jasparro to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Dias, Burlingame and Richard.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a March 23, 2012 inspection report compiled by the Cumberland Hill Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Cumberland Hill Fire Marshals Office during the June 19, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the March 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. 

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 
	1-7.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to submit a plan of action to the Cumberland Hill Fire Marshals Office for the correction of deficiencies 1, 2, 3, 4, 5, 6 and 7.  The Board grants the Applicant an additional 150 days in order to allow the Applicant to implement the plan of action to correct the above remaining deficiencies.  Finally, the Board notes that the Cumberland Hill Fire Marshals Office shall have the authority to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	8.  During the June 19, 2012 hearing on this matter, it was agreed that the Applicant would address deficiency 8, separation of the first and second floors, by sealing off the second floor of this facility and eliminating occupancy on this level, at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office.  Accordingly, the Board hereby grants a variance in order to allow the Applicant not to have to provide separation between the first and second floors of this facility.  Finally, it is the understanding of the Board that the Cumberland Hill Fire Marshals Office has no objection to the variance with this condition.
	9.  The Board hereby grants a variance in order to allow the Applicant to maintain a single means of egress from the second level of this facility, conditioned upon the Applicants compliance with the plan of action outlined in item 8 above.  The Board notes that the Cumberland Hill Fire Marshals Office has no objection to this variance based upon the above plan of action.
	10-13.  The Board hereby grants the Applicant the time variance outlined in items 1-7 above in order to correct deficiencies 10, 11, 12 and 13 at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office.
	14.  In light of the Applicants agreement to reduce the occupancy of this facility in order to avoid sprinkler coverage, the Board hereby grants a variance in order to allow the Applicant to maintain a maximum occupancy of one hundred fifty (150) people in this facility and therefore not be required to provide sprinkler coverage.  This variance is conditioned upon the Applicants providing this facility with an approved municipally connected fire alarm system.  Finally, the Board notes that the Cumberland Hill Fire Chief or designee may occasionally allow the Applicant to increase the occupancy of this facility for special events.  However, during those special events, any additional safeguards deemed necessary by the Chief or designee shall be immediately implemented by the Applicant.
	15.  The Board hereby grants the Applicant the time variance outlined above in order to correct deficiency 15, at the direction and to the satisfaction of the Cumberland Hill Fire Marshals Office.

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)].