The above-captioned case was scheduled for hearing on January 15, 2013 at 1:00 P.M.  At that time, Chairman Newbrook and Commissioners Dias, Walker, Jackson, Jasparro and Richard were present.  Commissioner Blackburn recused himself from consideration of this case.  The fire service was represented by Chief of Inspections Scott Caron and Deputy State Fire Marshals Kaitlyn Foley and Christopher Moore of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner 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 a February 17, 2012 inspection report (11-1046-IS) compiled by the State Fire Marshals Office.  The Board also had before it a January 14, 2013 plan of action report compiled by the Applicant.  The above reports were utilized by the Board, the Applicant and the State Fire Marshals Office during the January 15, 2013 hearing on this matter.  Accordingly, the Board hereby incorporates the February 17, 2012 inspection report along with the January 14, 2013 plan of action 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
	1-16.  (11-1977-VN, 11-1979-VN, 11-1980-VN, 11-1986-VN, 11-1987-VN, 11-1988-VN, 11-1989-VN, 11-1990-VN, 11-1991-VN, 11-1992-VN, 11-2002-VN, 11-2026-VN, 11-2028-VN, 11-2029-VN, 11-2030-VN and 11-1976-VN).  The Board hereby grants the Applicants requested time variance until December 31, 2013 in order to address the items in the Applicants life safety evaluations along with the State Fire Marshals deficiency report with the following exceptions.
	As a condition of this relief, the Board directs the Applicant to make all necessary emergency repairs to the fire escape system of this facility within thirty (30) days of the date of this decision, ensuring that the fire escape system shall be structurally sound.  The Board further directs the Applicant to complete its work on this emergency egress system on or before September 1, 2013.  However, the Board notes that the State Fire Marshals Office may extend this time for good faith efforts being shown by the Applicant.
	In light of the Applicants agreement to provide this facility with a new sprinkler system on or before December 31, 2013, the Board hereby reaffirms its variance in order to allow the Applicant to maintain a single internal means of egress from the second and third floors of this facility in conjunction with both the sprinkler coverage and the emergency egress provided by the fire escape system.  The Board further grants a variance to allow the Applicant to utilize the unenclosed stair with the above conditions and to further provide the Applicant with the structural hardship and dimensional relief outlined in the Applicants January 14, 2013 request. 
	Finally, the Board notes that the Applicants failure to comply with the original timelines for this facility have effectively voided the original variances granted.  However, the Board has chosen to reinstate most of the original variances with additional conditions, as requested by the State Fire Marshals Office in light of the delay.

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)].