The above-captioned case was scheduled for hearing on December 4, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard 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 David Godin of the Central Coventry Fire District.  A motion was made by Commissioner Blackburn and seconded by Commissioner Burlingame to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the December 4, 2012 hearing on this matter, the Board had before it an August 9, 2011 inspection report (11-9-IS) covering the subject facility.  The above report was utilized by the Board, the Applicant, the Central Coventry Fire District Fire Marshals Office and the State Fire Marshals Office during the December 4, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the August 9, 2011 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. 
	During the December 4, 2012 hearing, it was determined that several of the deficiencies outlined in this report may be addressed under the provisions of the new fire code which was scheduled to go into effect on January 1, 2013.  Accordingly, it was determined by the Board that a follow-up review of this facility under the terms of the new code would be appropriate in this case.  Accordingly, such a follow-up review was directed by the Board.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby directs the State and local fire marshals to review this facility pursuant to the provisions of the 2012 editions of NFPA 1 and 101, as amended, to determine if there are any outstanding deficiencies within this facility.  Accordingly, the Board hereby grants the State Fire Marshals Office a time variance in order to conduct this review of the facility and authorizes the State Fire Marshals Office to grant the Applicant additional time in order to address any of the items outlined in the new inspection report.  In the event the parties wish to return to the Board, they are advised to do so prior to the expiration of the time authorization granted the Applicant by the State Fire Marshals office.  In the event the Applicant wishes to make any corrections, the State Fire Marshals Office is hereby authorized to provide the Applicant with sufficient time to make these corrections.

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)].