The above-captioned case was scheduled for hearing on December 11, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Pearson and seconded by Commissioner Sylvester to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the December 11, 2012 hearing on this matter, the Board had before it an August 18, 2009 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the December 11, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the August 18, 2009 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).
	Finally, the Board finds that significant modifications to the mercantile section of the State Fire Code have been adopted by the Board to become effective on January 1, 2013.  Accordingly, the Applicant and the North Kingstown Fire Marshals Office have requested that the building be reviewed again under the provisions of the 2012 Code which will be effective January 1, 2013.  The parties have further requested a time extension in order to have that review conducted and to be allowed to bring this facility into compliance with the 2012 Code.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby grants the Applicant a variance in order to allow this facility to be reviewed by the North Kingstown Fire Marshals Office for compliance with the 2012 Code, having an effective date of January 1, 2013.  Upon completion of that review, the Board hereby grants the Applicant a time variance of thirty (30) days from the completion of that review in which to develop and submit a plan of action for the correction of all of the newly reviewed deficiencies.  The Board further grants the Applicant an additional time variance of 150 days in order to implement that plan of action and bring this facility into compliance with the provisions of the 2012 Code, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.  Finally, the Board hereby notes that the North Kingstown Fire Marshals Office may extend any 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)].