The above-captioned case was scheduled for hearing on April 9, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Richard, Jasparro, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal and Fire Chief Timothy McLaughlin along with Assistant Deputy State Fire Marshal Richard Matarese of the Johnston Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Commissioners Walker and Jasparro to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the April 9, 2013 hearing on this matter, the Board had before it a February 11, 2013 letter from the Johnston Fire Marshals Office to the Applicant.  The Board further had before it a March 19, 2013 plan review report conducted by the Johnston Fire Marshals Office.  The Board further had before it a March 21, 2013 letter from the Applicant.  Finally, the Board had before it an April 9, 2013 request for clarification of the fire code from the Applicants attorney, Mr. Ronald C. Desnoyers, Esq.  As a result of the above correspondence and the initial review of this matter, the Board finds that there is a dispute as to whether or not the current egress of this facility meets the remoteness requirements of the state fire code.  The Board further finds that the State Fire Marshals Office consulted with the parties to assist them in identifying and correcting the remoteness issue.  The Board further finds that the parties had no objection to the State and/or Johnston Fire Marshals Office allowing for the issuance of a temporary certificate of occupancy while this issue is being discussed further, and that the parties would be free to return to the Board in the event the issue is not resolved in a timely manner.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  The Board hereby authorizes the Johnston and State Fire Marshals offices to allow for the issuance of a temporary certificate of occupancy while the parties make final determination as to the resolution of the remoteness issue of the exits within this facility.  In granting this relief to allow the Applicant to open this facility, it is the understanding of the Board that the State and Johnston Fire Marshals offices have no objection.  Accordingly, if the parties resolve the remoteness issue to the satisfaction of the State and Fire Marshals offices, this facility shall be deemed to be in compliance.  If not, the parties are free to return to the Board to address any residual issues.

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)].