The above-captioned case was originally scheduled for hearing on October 22, 2013 at 1:00 P.M.  At that time, it was determined that an on-site inspection of this facility would be necessary.  Accordingly, the Board scheduled an on-site subcommittee hearing for 10:00 AM on October 29, 2013.  At that time, Vice Chairperson Filippi and Commissioners Burlingame, Pearson and Booth, along with Executive Director Coffey were present.  The fire service was represented by Chief of Inspections Scott Caron of the State Fire Marshals Office along with Assistant Deputy State Fire Marshals Richard Petrin and Randall Watt of the Little Compton Fire Marshals Office.  A motion to recommend the subcommittees findings was made by Commissioner Pearson and seconded by Vice Chairperson Filippi.  The subcommittee motion was unanimous.  The above captioned case was thereupon scheduled for review by the full Board on October 29, 2013 at 1:00 PM.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Sylvester, Jackson, Thornton and Booth were present.  A motion was made by Commissioner Sylvester and seconded by Commissioner Richard, to accept the subcommittee recommendations as a decision of the full Board.  The motion was unanimous.

FINDINGS OF FACT
The numbers of the Decision below correspond with those of a September 27, 2013 inspection report compiled by the Little Compton Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Little Compton Fire Marshals Office during the October 29, 2013 on-site and full hearings on this matter.  Accordingly, the Board hereby incorporates the September 27, 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.  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 to the Little Compton Fire Marshals Office for the correction of deficiency 1 by providing this facility with an approved, compliant fire alarm system.  The Board grants the Applicant an additional 150 days in which to implement the above plan by providing this facility with a compliant fire alarm system installed at the direction and to the satisfaction of the Little Compton Fire Marshals Office.  Finally, the Board hereby authorizes the Little Compton Fire Marshals Office to extend either or both of the above timelines for good faith efforts being demonstrated by the Applicant.
	2.  During the on-site review of this facility, the Board noted that the Applicant was in the process of constructing a two-hour fire barrier consisting of double 5/8 sheetrock on each side of steel studs, separating the proposed assembly area from the existing storage area of this facility.  The Board further noted that the Applicant was removing a communicating door between the proposed assembly area and the existing storage area.  The Board further noted that the Applicant has proposed to install a second means of egress directly to the outside of the proposed assembly area in the south west corner of the building which would provide complete remote egress from the existing door in the north east corner of the building.  Finally, the Board was advised that the Applicant would provide a second direct egress door from the existing storage area to the outside.  
	In light of the Applicants proposed complete separation of the new assembly area from the existing storage area, and in light of the limited posted maximum occupancy of the other assembly areas within this complex, the Board notes that deficiency 2 is moot and that sprinkler coverage would not now be required throughout this facility.  Accordingly, 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 final plan of action for the creation of an approved two-hour fire barrier consisting of double 5/8 sheetrock on each side of steel stud and extending to the underside of the roof, and further extending a layer of double 5/8 sheetrock from the two-hour assembly at the level of the roof, four (4) feet on either side.  The Board hereby grants the Applicant an additional 150 days in order to implement the above plan of action, at the direction and to the satisfaction of the Little Compton Fire Marshals Office.  As a condition of this time variance, the Board directs the Applicant to review the possibility of installing either a dry hydrant in the pond serving this facility in order to provide water access, or alternatively, providing municipal connection through the use of existing telephone lines under the Towns current system of municipal connection.  The Board notes that both courses of action would be highly recommended.  However, the Board will leave it to the Applicant to determine the preferable plans of action.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to provide the Little Compton Fire Marshals Office with an approved seating plan for the caf of this facility.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 by removing the cited storage in the boiler room.
	5.  It is the understanding of the Board that the Applicant has corrected deficiency 5 by properly mounting the bottling room fire extinguisher in this facility.
	6.  It is the understanding of the Board that the Applicant has corrected deficiency 6 by properly mounting the fire extinguisher in the small wash room of this facility.
	7.  It is the understanding of the Board that the Applicant has corrected deficiency 7 by replacing the cited receptacle cover in the kitchen.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 by providing a room capacity sign for the tasting room and/or deck.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9 by providing an approved inspection of the fire extinguisher behind the bar of this facility.
	10.  It is the understanding of the Board that the Applicant has corrected deficiency 10 by properly installing the warehouse fire extinguisher. 
	11.  It is the understanding of the Board that the Applicant has corrected deficiency 11 by removing the cited storage in the egress of the Office space of this facility.
	12.  It is the understanding of the Board that the Applicant has corrected deficiency 12 by providing approved handrails on the stairs leading down to the shipping area from the bottling area of this facility.
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13 as outlined in item 10 above.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 by providing compliant handrails on the folding stairway providing access to the top of the large stainless steel tanks of this facility.


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 subcommittees recommendation to the full Board, within thirty (30) days of the mailing date of this Decision, by requesting such review in writing in accordance with the provisions of RIGL 23-28.3-5(b)4.  Commencement of such an appeal does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].