The above-captioned case was scheduled for hearing on 3/4/2014 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Booth, Pearson, Thornton, Jackson, Richard, Burlingame and Sylvester were present.  Also present was Department of Administration Deputy Legal Counsel Peter N. Dennehy.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  The Applicant was represented by Mr. Shahin Barzin (letter of authorization on file).  A motion was made by Commissioner Pearson and seconded by Commissioners Booth and Richard to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT

	This matter was previously before the Board on July 16, 2013 at which time Decision 130119 was issued with a mailing date of August 30, 2013.  This Decision was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the 3/4/2014 hearing on this matter.  Accordingly, the Board hereby incorporates the 8/30/2013 Decision 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 agrees to rehear the case as the timeline(s) previously established have been exceeded and the project has not been completed (See Board Rules and Regulations, section 6-2-23).
	2.  It is the understanding of the Board that previous item 1 has been corrected.
	3.  The Board hereby grants a time variance of seven (7) days from the date of this hearing to correct previous item 6 by providing approved fire extinguishers throughout the facility, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	4.  The Board hereby reinstates the prior Decision and grants the Applicant a time variance of fourteen (14) days from the date of this hearing in which to develop and submit a plan of action for the correction of all other outstanding issues previously addressed in Decision 130119.  The Board further grants the Applicant an additional one hundred twenty (120) days in order to implement the above plan of action, at the direction and to the satisfaction of the North Kingstown Fire Marshals Office.
	It is the understanding of the Board in granting the above relief that there is no objection by the North Kingstown 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)].