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, Sylvester, Burlingame and Richard were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Dias to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the October 23, 2012 hearing on this matter, the Board had before it a July 19, 2012 inspection report covering the subject facility.  Accordingly, the Board hereby incorporates the July 19, 2012 inspection report as its initial findings of fact.  The Board further finds that the Applicant and the State Fire Marshals Office have not had an opportunity to review the report together and develop a comprehensive plan of action.  Accordingly, the Board finds that it would be best to grant the Applicant and the Marshal an opportunity to develop a plan of action for this facility.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a time variance until January 22, 2013 in which to develop a plan of action with the State Fire Marshals Office for review by the Board during a hearing scheduled in late January of 2013.  As a condition of this relief, the Board directs the Applicant to provide this facility with approved fire extinguishers immediately, and to further provide temporary smoke and carbon monoxide detection in the units of this facility within thirty (30) days of the October 23, 2012 hearing date.  Finally, the Board also directs the Applicant to remove all cited extension cords, properly enclose electrical boxes and maintain the exit signage throughout this facility, within the above thirty-day period.

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)].