This case was originally scheduled for hearing on January 4, 2011 and a decision was issued on February 9, 2011.  Pursuant to that decision, a follow-up hearing was conducted on August 2, 2011 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Richard, Burlingame, Jackson, Jasparro and Walker were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office.  A motion was made by Commissioner Richard and seconded by Commissioner Jackson to grant the Applicant relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The Board hereby incorporates its original findings of fact in its decision number 100298 as its initial findings of fact in this case.  In addition, the Board finds that items 2 and 4 of the original decision granted the Applicant a time variance in order to conduct a performance evaluation under NFPA 101A, to determine whether there were alternative methods of compliance for these deficiencies.  The Board finds that the Applicant has concluded this review and has requested a re-hearing before the Board.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  (10-2892-VN).  The Board hereby grants the Applicant the original time outlined in item 1 of the original decision in this matter.  The Board further grants the State Fire Marshals Office the authority to extend the above time variance for the correction of these deficiencies.
	2.  (10-2891-VN).  In accordance with the Applicants NFPA 101A analysis, the Board hereby grants a variance to allow the Applicant to maintain the existing configuration of the east wing corridor. 
	3.  (10-2893-VN).  The Board hereby reaffirms the original time variance granted in file number 100298.  The Board further grants the State Fire Marshals Office the authority to extend this timeline to allow the Applicant to correct this deficiency.
	4.  (10-2890-VN).  The Board hereby grants a variance, in light of the Applicants NFPA 101A fire safety evaluation, to allow the Applicant to maintain the existing construction type for this two-story structure.  In granting this variance, it is the understanding of the Board that this facility is fully sprinklered and the Applicant has rendered moot the dead end corridor issue.  Finally, the Board notes that the State Fire Marshals Office has no objection relative to the NFPA 101A findings.

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)].