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, Walker, Jasparro, Jackson, Burlingame and Richard were present.  Commissioner Sylvester was not in the room during the presentation of this case and therefore abstained from voting in this case.  The fire service was represented by Deputy State Fire Marshal Thomas Dettore of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion passed with Commissioner Sylvester abstaining.

FINDINGS OF FACT
	The numbers of the Decision below correspond in sequence with those of an October 16, 2012 inspection report (12-1253-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 16, 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. 
	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.  (12-1472-VN).  The Board hereby grants the Applicant a variance in order to allow the Applicant to maintain the existing construction type of this fully sprinklered facility, conditioned upon the Applicants providing separation from the first to the second floor of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.  The Board further directs the Applicant to limit the combustibles in the basement of this facility, at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the separation of the first and second floors of this facility and an additional 150 days in which to implement that plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.
	2.  (12-1494-VN).  The Board hereby reaffirms its original variance in order to allow the Applicant to maintain the existing width of the cited egress stairs within this facility.  
	3.  (12-1495-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the low headroom in the staff break room area and sprinkler room area on the lower level of this facility.  In granting this relief, it is the understanding of the Board that the projections are painted red and marked and that the State Fire Marshals office has no objection on the basis of structural hardship.
	4.  (12-1496-VN).  The Board also grants a variance in order to allow the Applicant to maintain the existing stairway projections in this facility.  Again, the Board notes that this variance is based on structural hardship in the absence of an objection by the State Fire Marshals Office.  The Board directs the Applicant to provide any additional marking or notification deemed necessary by the State Fire Marshals Office.
	5.  (12-1497-VN).  The Board again grants a variance in order to allow the Applicant to maintain the existing second floor ceiling projections on the basis of structural hardship and in the absence of an objection by the State Fire Marshals Office.  The Board further notes that the Applicant shall mark and/or provide notification of these projections, at the direction and to the satisfaction of the State Fire Marshals Office.
	6.  (12-1498-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 6.
	7.  (12-1523-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 7.
	8.  (12-1524-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  (12-1525-VN).  The Board hereby reaffirms its original variance in order to allow the Applicant to maintain the existing cited width of the corridor between the original building and first addition.  Again, this variance is based upon structural hardship and the absence of an objection by the State Fire Marshals Office.
	10.  (12-1526-VN).  The Board hereby reaffirms its original variance in order to allow the Applicant to maintain the existing corridor width on the second level of this facility based upon structural hardship in the absence of an objection by the State Fire Marshals Office.  In granting this relief on the basis of limited occupancy of this facility, it is the understanding of the Board that approximately six (6) people occupy the second floor of this facility.  
	11.  (12-1471-VN).  The Board hereby grants a variance in order to allow the Applicant not to provide a fire alarm drill switch.  The Board notes that the Central Falls Fire Department performs all of the drills within this facility.
	12.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop and submit a plan of action for the correction of any of the above deficiencies.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action to correct the remaining deficiencies at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board notes that the State Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.

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)].