The above-captioned case was most recently 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 Paul Manning of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal James Given of the Narragansett Fire Marshals Office.  A motion was made by Commissioner Burlingame and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Blackburn abstaining from the vote.

FINDINGS OF FACT
	During the September 11, 2012 hearing on this matter, the Board had before it an August 24, 2012 inspection report (12-1303-IS) along with an August 7, 2012 summary request for relief by the Applicant.  The above documents were utilized by the Board, the Applicant, the Narragansett Fire Marshals Office and the State Fire Marshals Office during the September 11, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the above documents 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.  The Board hereby grants the Applicant a time variance until March 1, 2013 in which to upgrade the fire alarm system of this facility.  The Board notes that the State and/or Narragansett Fire Marshals Office may extend the above time variance for good faith efforts being shown by the Applicant.  The Board notes that the Applicant shall complete the installation of an approved fan shut down within one (1) month of the September 11, 2012 hearing and that the fire alarm system should be tested within one (1) week of the September 11, 2012 hearing.  The Board has further determined that a fire alarm drill switch is not required or needed within this facility.  Finally, during the September 11, 2012 hearing, the Board directed the Applicant to provide the State Fire Marshals Office with approved fire alarm plans on or before October 31, 2012.

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)].