The above-captioned case was scheduled for hearing on September 10, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Michael Macaruso of the State Fire Marshals Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	During the September 10, 2013 hearing on this matter, the Board had before it a State Fire Marshals inspection report (11-886-IS) dated July 25, 2013.  Accordingly, the Board hereby adopts the above inspection report as its initial findings of fact.  The Board further finds, upon consultation with the State Fire Marshals Office, that only the fire alarm system remains outstanding, and that all of the non-fire alarm issues have been corrected by the Applicant, to the satisfaction of the State Fire Marshals Office.  Finally, the Board finds that the Applicant is requesting time in which to address the remaining fire alarm issues and that the Applicant and the State Fire Marshals Office are requesting that the file remain open to address any outstanding issues discovered by the State Fire Marshals Office.

CONCLUSIONS AND VARIANCE REQUESTS
	1.  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 or the correction of the fire alarm issues as outlined in the July 25, 2013 inspection report (11-886-IS).  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action, at the direction and to the satisfaction of the State Fire Marshals Office.  Finally, the Board shall maintain this file as an open file until such time as the State Fire Marshals Office has determined that all remaining deficiencies have been corrected 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)].