The above-captioned case was scheduled for hearing on February 26, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Dias, Pearson, Walker, Jasparro, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Michael Feather of the Cumberland Hill Fire District Fire Marshals Office along with Deputy State Fire Marshal Robert Couture of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jasparro 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 December 27, 2012 inspection report compiled by both the Cumberland Fire District Fire Marshals Office and the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Cumberland Fire District Fire Marshals Office and the State Fire Marshals Office during the February 26, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the December 27, 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.  During the February 26, 2013 hearing on this matter, the Board was advised and finds that the Applicant is currently attempting to sell the subject facility.  The Board was further advised and finds that the Applicant would advise the new owners of the requirement for the correction of any deficiencies remaining within this facility.  Accordingly, the Board finds that the Applicant needs additional time to either correct the deficiencies himself or to allow the new owner to correct these deficiencies.  Accordingly, the Board hereby grants the Applicant a time variance of six (6) months from the date of this decision in which to either provide this facility with an approved fire alarm system at the direction and to the satisfaction of the State and Cumberland Fire Marshals offices or to secure a new owner for the facility and ensure that the new owner addresses these deficiencies.  
The Board further notes that additional time may be necessary to conclude the sale and transfer of this facility and to properly provide a new owner with sufficient time to bring this facility into compliance.  Accordingly, the Board hereby authorizes the State and Cumberland Fire Marshals offices to extend the above timeline for good faith efforts being shown by the Applicant.  This relief is contingent upon the Applicant advising any new owner of the deficiency and the need to correct the deficiency within the above time frame.  It is further granted pursuant to the understanding of the Board that the facility maintains approved smoke and carbon monoxide detection.
	2-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the State and Cumberland Fire Marshals offices.
	8.  The Board hereby grants the Applicant the time variance outlined in item 1 above in order to allow the Applicant or the new owner of this facility to correct deficiency 8 at the direction and to the satisfaction of the State and Cumberland Fire Marshals offices.  Again, the Board specifically authorizes the State and Cumberland Fire Marshals offices to extend the above timelines for good faith efforts being shown by the Applicant.
	9-13.  It is the understanding of the Board that the Applicant has corrected deficiencies 9, 10, 11, 12 and 13 at the direction and to the satisfaction of the State and Cumberland Fire Marshals offices.

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)].