The above-captioned case was scheduled for hearing on September 11, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Pearson, Jackson and Burlingame were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Deputy State Fire Marshal Eric Kiernan of the State Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Pearson 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 an April 2, 2012 inspection report (12-368-IS) compiled by the State Fire Marshals Office, along with an August 8, 2012 plan of action developed by the Applicants engineering firm, Hughes Associates, Inc.  Accordingly, the Board hereby incorporates the April 2, 2012 inspection report along with the August 8, 2012 plan of action 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 Authority Having Jurisdiction (State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS
	1.  (12-647-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing cited headroom in the exit stairwell leading from the basement area of this facility.  This variance is based upon structural hardship.
	2.  (12-649-VN).  The Board hereby authorizes the State Fire Marshals Office to grant the Applicant additional time in which to correct deficiency 2 to upgrade the fire alarm system to include the main laundry room and maintenance area.  
	3.  (12-721-VN).  The Board again authorizes the State Fire Marshals Office to provide the Applicant with additional time in which to correct deficiency 3 by providing this facility with an approved key activated drill switch, at the direction and to the satisfaction of their Office.
	4.  (12-746-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the State Fire Marshals Office.
	5.  (12-648-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the cited headroom in this storage area that is not normally occupied, on the basis of structural hardship.

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)].