The above-captioned case was scheduled for hearing on April 30, 2013 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Sylvester, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshals Michael Macaruso and Christine Kent of the State Fire Marshals Office.  A motion was made by Commissioner Jasparro and seconded by Commissioners Pearson and Dias 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 9, 2013 permit inspection report (13-2.FA-PM) compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the April 30, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the April 9, 2013 permit 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.  (13-151-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 1.
	2.  (13-153-VN).  The Board hereby grants a variance in order to allow the Applicant to have the fire alarm system of this seasonally occupied facility inspected twice a year.  Specifically, the Applicant shall conduct a 100 inspection of the fire alarm system on or before April 1 prior to the opening of the facility.  The Applicants second inspection shall be on or after October 31, at which time the facility shall be closed, and any devices that could be damaged in the unheated facility are to be removed and properly stored until the facility is reopened the following spring.  It is the understanding of the Board that the State Fire Marshals Office has no objection to this arrangement, and that the Applicant shall provide the State Fire Marshals Office with a letter from South Foster Fire Chief Gordon Brayton confirming that his Office has no objection either.
	3.  (13-154-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 3, at the direction and to the satisfaction of the State Fire Marshals Office.
	4.  (13-150-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the State 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)].