The above-captioned case was scheduled for hearing on June 18, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  Commissioner Booth recused himself from consideration of this case.  The fire service was represented by Assistant Deputy State Fire Marshal Norman D. Mainville of the Nasonville Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Sylvester 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 an April 2, 2013 inspection report compiled by the Nasonville Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Nasonville Fire Marshals Office during the June 18, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the April 2, 2013 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
	1-3.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2 and 3.  If, upon subsequent inspection by the Nasonville Fire Marshals Office, it is determined that any of the above deficiencies have not been fully corrected, they shall be corrected within the time frames outlined in item 4.
	4.  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 of action for the correction of deficiency 4 to the Nasonville Fire Marshals Office.  The Board grants an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.  Finally, the Nasonville Fire Marshals Office is hereby authorized to extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	5-6.  It is the understanding of the Board that the Applicant has corrected deficiencies 5 and 6.  If, upon subsequent inspection by the Nasonville Fire Marshals Office, it is determined that either of the above deficiencies have not been fully corrected, they shall be corrected within the time frames outlined in item 4 above.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.
	8.  During the June 18, 2013 hearing on this matter, the Board was advised that the subject facility has a level of exit discharge on all three (3) levels due to the fact that it was built into the surrounding hills.  The Board hereby grants a variance in order to allow the Applicant to maintain the existing exit configuration, conditioned upon the Applicants upgrading of the doors, at the direction and to the satisfaction of the Nasonville Fire Marshals Office, and further providing this facility with an approved new fire alarm system.  Finally, the Board directs the Applicant to sheetrock off the upper level of the break room wall to protect it from the second floor landing area.  The Board notes that if the Nasonville Fire Marshals Office is satisfied with this exit arrangement, the Board shall be satisfied.
	9-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 9, 10 and 11.  If, upon subsequent inspection by the Nasonville Fire Marshals Office, it is determined that any of the above deficiencies have not been fully corrected, they shall be corrected within the time frames outlined in item 4 above.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12, at the direction and to the satisfaction of the Nasonville Fire Marshals Office.
	13-15.  It is the understanding of the Board that the Applicant has corrected deficiencies 13, 14 and 15.  If, upon subsequent inspection by the Nasonville Fire Marshals Office, it is determined that any of the above deficiencies have not been fully corrected, they shall be corrected within the time frames outlined in item 4 above.
	16.  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 of action for the upgrade of the fire alarm system of this facility.  The Board hereby grants the Applicant an additional 150 days in which to implement the above plan of action by installing an upgraded fire alarm system within this facility.  Finally, the Board notes that the Nasonville Fire Marshals Office may extend either or both of the above timelines for good faith efforts being shown by the Applicant.
	17.  It is the understanding of the Board that the Applicant has corrected deficiency 17 by upgrading the sprinkler system of this facility to the satisfaction of the Nasonville Fire Marshals Office. 

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)].