The above-captioned case was scheduled for hearing on October 23, 2012 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Jasparro, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Deputy State Fire Marshal Thomas Dettore of the State 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 was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an October 15, 2012 inspection report (12-1518-IS) compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 23, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the October 15, 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. 
	The Board further finds that the subject facility is to be utilized temporarily as a fire station for approximately one (1) year.  The Board further finds that this facility is fully sprinklered and protected by a municipally connected fire alarm system.  The Board further finds that the Applicant wishes to install temporary battery-powered smoke detection in the sleeping and living areas of this facility due to the temporary occupancy.  The Board finds that all other deficiencies shall be corrected by the Applicant prior to occupancy.
	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.  (12-1799-VN).  The Board hereby grants the Applicant a temporary variance in order to allow the Applicant to protect the sleeping and living areas of this facility with approved battery powered smoke and CO detection instead of hardwired smoke and CO detection.  In granting of this relief, it is the understanding of the Board that this facility is fully sprinklered and protected by a municipally connected fire alarm system and that the temporary occupancy of this facility shall terminate in approximately one (1) year.
	2-5.  (12-1800-VN, 12-1801-VN, 12-1802-VN, 12-1798-VN).  The Board hereby grants the Applicant a time variance to correct deficiencies 2, 3, 4 and 5 at the direction and to the satisfaction of the State Fire Marshals Office prior to the occupancy of this facility.  Finally, the Board notes that the Applicant shall provide this facility with approved exhaust evacuation, 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)].