The above-captioned case was previously heard on June 14, 2011 and a comprehensive decision was issued on July 1, 2011.  As part of the decision, this file was maintained as an open file to address any further issues by the parties.  The Board was subsequently advised of such issues and a follow-up hearing was scheduled for November 29, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Blackburn, Burlingame, Sylvester, Jasparro, Walker and Dias were present.  The fire service was represented by Paul Manning of the State Fire Marshals Office along with Assistant Deputy State Fire Marshal Brian Gartland of the North Smithfield Fire Marshals Office.  A motion was made by Commissioner Sylvester and seconded by Commissioner Walker to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original decision in file number 110105 as its initial findings of fact in this case.  In addition, the Board finds that there was a question with regard to the rating of the separation between the three (3) assembly occupancies located in the lower level of this facility.  Specifically, there is a restaurant, karate school and a place of worship in this area.  After significant discussion on these issues, the parties agreed that performance based design could be the proper way to address the separation question.  It is the understanding of the Board that all other fire code deficiencies have been or shall be addressed by the Applicant.
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 State Fire Marshal or his or her designee.

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants a variance in order to allow the Applicant to utilize Chapter 5 Performance Based Designs in order to address the separation issue within this facility.  Accordingly, the Board directs the Applicant to submit a performance based design for the separation to the State Fire Marshals Office to be reviewed by both the State and the North Smithfield Fire Marshals offices within sixty (60) days of the date of this decision.  In the event the parties are unable to agree upon a performance-based design which is satisfactory to all parties, the parties may return to the Board for further action.

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)].