The above-captioned case was scheduled for hearing on August 7, 2012 at 1:00 P.M. At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Blackburn, Burlingame, Jasparro, Dias, Sylvester and Jackson were present.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal and Fire Chief Jay Sullivan of the Bradford Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Vice Chairperson Filippi to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the August 7, 2012 hearing on this matter, the Board had before it a July 31, 2012 inspection report (12-971-IS) compiled by the State Fire Marshals Office. The Board also had before it an August 7, 2012 Plan of Action developed by the Applicant in conjunction with the State and Bradford Fire Marshals Offices. Accordingly, the Board hereby incorporates the above report and plan of action as its initial findings of fact. The Board further finds that the Applicant has requested a time variance of two (2) years, with benchmarks, to complete the installation of a sprinkler system within this facility. The Board further finds that the Applicant has requested a time variance of one (1) year, with benchmarks, to complete the installation of the fire alarm system within this facility. The Board notes that the Applicant is working with the above fire marshals 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 defined in section 23-28.1-4(3) of the Rhode Island General Laws.

CONCLUSIONS AND VARIANCE REQUESTS

1.	The Board hereby grants a variance approving the Applicants August 7, 2012 plan of action and directing the Applicant to work directly with the above Fire Marshals on the implementation of this plan of action. The Board further grants the Applicant a time variance of two (2) years, with benchmarks approved by the State Fire Marshal, for the installation of the sprinkler system in accordance with the plan of action. The Board further grants the Applicant a time variance of one (1) year, with benchmarks approved by the State Fire Marshal, for the installation of the fire alarm system in accordance with the plan of action. As a condition of this relief, the Board directs the Applicant to maintain a fire watch, at the direction and to the satisfaction of the state and local fire marshals, utilizing either a member of the Bradford Fire Department or other properly trained personnel approved by the State Fire Marshal. Finally, the Applicant is directed to return to the Board on August 13, 2012 with a progress report.  

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)].