The above-captioned cases were scheduled for hearing on September 11, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Jackson, Burlingame and Blackburn were present.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Jackson and seconded by Commissioner Blackburn to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the September 11, 2012 hearing on this matter, the Board had before it two (2) inspection reports (11-1012-IS and 11-1013-IS) that were both dated August 7, 2012.  In the absence of an objection to the utilization of either report, the Board hereby incorporates inspection 11-1012-IS and 11-1013-IS as its initial findings of fact.  The Board further finds that most of the deficiencies listed in the reports have been corrected and that the Applicant is simply seeking additional time in which to correct all remaining deficiencies.  It is the understanding of the Board that the request for additional time has been reviewed by the State Fire Marshals Office and that no objection has been entered to this request.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance until April 1, 2013 in which to allow the Applicant to correct any and all remaining deficiencies as outlined in inspection reports 11-1012-IS and 11-1013-IS, at the direction and to the satisfaction of the State 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)].