The above-captioned case was scheduled for hearing on February 5, 2013 at 1:00 P.M.  At that time, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jackson, Sylvester, Burlingame and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Paul Desnoyers of the Chepachet Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Dias 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 a November 13, 2012 inspection report compiled by the Chepachet Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Chepachet Fire Marshals Office during the February 5, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the November 13, 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.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing swing of all of the egress doors within this facility.  In granting this variance on the basis of structural hardship, the Board notes that the facility was constructed in approximately 1813 and that the proposed use is extremely limited.
	2.  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 to the Chepachet Fire Marshals Office for the correction of deficiency 2 at the direction and to the satisfaction of the Chepachet Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan by providing this facility with the required emergency lighting, at the direction and to the satisfaction of the Chepachet Fire Marshals Office.
	3.  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct deficiency 3 by properly marking the means of egress, at the direction and to the satisfaction of the Chepachet Fire Marshals Office.
	3(a).  (Originally listed as the first item 5 on page 7 of the Chepachet Fire Marshals report).  The Board hereby grants the Applicant the time variance outlined in item 2 above in order to correct this deficiency by providing the means of egress with an approved Class A finish installed at the direction and to the satisfaction of the Chepachet Fire Marshals Office.
	4.  It is the understanding of the Board that deficiency 4 as listed on page 8 of the Chepachet Fire Marshals report is moot in that the subject facility does not currently require a fire alarm system under the revised State Fire Code.
	5.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to correct deficiency 5 by providing the portable fire extinguishers of this facility with proper inspection and certification.

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)].