The above-captioned case was scheduled for hearing on October 8, 2013 at 1:00 P.M.  At that time, Acting Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Assistant Deputy State Fire Marshal Chris Mahoney of the Newport Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Pearson to grant the Applicant relief as outlined herein.  The motion passed over the opposition votes of Commissioners Burlingame and Blackburn.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of a June 27, 2013 inspection report compiled by the Newport Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the Newport Fire Marshals Office during the October 8, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the June 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
	1-7.  It is the understanding of the Board that the Applicant has corrected deficiencies 1, 2, 3, 4, 5, 6 and 7 at the direction and to the satisfaction of the Newport Fire Marshals Office.
	8.  The Board hereby grants a variance from the provisions of section 13.4.1 in order to allow the Applicant not to provide sprinkler protection within the walk-in cooler of this facility.  As an alternative to the sprinkler protection, the Board hereby grants a variance in order to provide the walk-in cooler with an approved rate-of-rise heat detector, installed at the direction and to the satisfaction of the Newport Fire Marshals Office.  In granting this relief, it is the understanding of the Board that the Newport Fire Marshals Office has no objection.
	9.  During the October 8, 2013 hearing on this matter, the Board was advised that the Applicant also needed relief from the provisions of section 13.2.3.6.2 in order not to exit one-half of the anticipated occupant load through the main entrance.  Accordingly, the Board hereby grants the above relief pursuant to the Applicants agreement to provide a new exit door approved by the Newport Fire Marshals Office.  The Board directs the Applicant to provide this door on or before March 1, 2014.

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)].