The above-captioned cases were scheduled for hearing on August 28, 2012 at 1:00 P.M.  At that time, Chairman Newbrook, Vice Chairperson Filippi and Commissioners Dias, Pearson, Jasparro, Jackson, Sylvester, Burlingame, Blackburn and Richard were present.  The fire service was represented by Deputy State Fire Marshal Paul Manning of the State Fire Marshals Office along with Chief Brian Jackvony of the Valley Falls Fire District.  A motion was made by Commissioner Richard and seconded by Commissioner Sylvester 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 both an April 12, 2012 inspection report (12-563-IS) compiled by the State Fire Marshals Office along with an August 27, 2012 plan of action developed by the Town of Cumberland in conjunction with the State and Valley Falls Fire Marshals offices.  The above inspection report and plan of action were utilized by the Board, the Applicant, the Valley Falls Fire Marshals office and the State Fire Marshals Office during the August 28, 2012 hearing on this matter.  Accordingly, the Board hereby incorporates the April 12, 2012 inspection report along with the August 27, 2012 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.  (12-780-VN).  The Board hereby approves the Applicants plan of action and grants a variance to allow the Applicant to maintain the existing fire rating of the stairway walls based upon the installation of the existing partial sprinkler system in the stairways and corridors of this facility, and the Applicants agreement to expand this system with additional sprinkler head coverage, installed at the direction and to the satisfaction of the State and Valley Falls Fire Marshals offices.  In light of the above, it is the understanding of the Board that the Valley Falls and State Fire Marshals offices have no objection to the requested relief.
	2.  (12-783-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the existing single exit configuration of the storage areas located on the third floor of this facility.  As a condition of this relief, the Board hereby grants the Applicant a time variance of thirty (30) days in which to develop and submit a plan of action for the locking down of this unoccupied storage space and the restriction of access to the space to the three (3) custodians with keys to provide limited access only.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action in order to satisfy the conditions of this variance.
	3.  (12-794-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 3.
	4.  (12-797-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the hearing in which to develop and submit a plan of action for the correction of deficiency 4.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action.
	5.  (12-803-VN).  The Board hereby grants a variance in order to allow the Applicant to maintain the fire resistant rating of the stairs and corridors of this facility pursuant to the expansion of the sprinkler head coverage, with third party review, at the direction and to the satisfaction of the State and Valley Falls Fire Marshals offices.
	6.  (12-805-VN).  The Board hereby grants a variance on the basis of structural hardship in order to allow the Applicant to maintain the existing banister of this facility pursuant to the Applicants plan of action based upon structural hardship. 
	7.  (12-806-VN).  It is the understanding of the Board that the Applicant has corrected deficiency 7 at the direction and to the satisfaction of the State and Valley Falls Fire Marshals offices.
	8-17.  (12-809-VN, 12-812-VN, 12-814-VN, 12-815-VN, 12-816-VN, 12-817-VN, 12-818-VN, 12-819-VN, 12-820-VN, 12-821-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the hearing in which to develop and submit a plan of action for the correction of any and all remaining fire alarm deficiencies as outlined in items 8 through 17.  The Board further grants the Applicant an additional 150 days in which to implement the above plan of action, at the direction and to the satisfaction of the State and Valley Falls Fire Marshals offices.
	18-19.  (12-822-VN, 12-825-VN).  It is the understanding of the Board that the Applicant has corrected deficiencies 18 and 19 at the direction and to the satisfaction of the State and Valley Falls Fire Marshals offices.
	20.  (12-826-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the hearing in which to address and correct deficiency 20 at the direction and to the satisfaction of the State and Valley Falls Fire Marshals offices.  The Board further grants the Applicant an additional 150 days in which to implement the above plan of action.
	21.  (12-830-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the hearing in which to develop and submit a plan for the third party review of the existing sprinkler system of this facility and the extension of certain sprinkler heads for the approval of the State Fire Marshals Office.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action.
	22.  (12-777-VN).  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the hearing in which to develop and submit a plan of action for the replacement of the cited door with a fire rated door with magnetic release, at the direction and to the satisfaction of the State and Valley Falls Fire Marshals offices.  The Board further grants the Applicant an additional 150 days in order to implement the above plan of action.  Finally, the Board notes that in the meantime, the safe door is to be secured in an open position.  
	Note:  The commencement of the above time lines shall be from the date of the August 28, 2012 hearing.  However, the State Fire Marshals Office is authorized to extend any and all of the above timelines for good faith efforts being demonstrated by the Applicant.

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)].