The above-captioned case was scheduled for hearing on May 12, 2009 at 1:00 P.M.  At that time, Acting Chairman Pearson and Commissioners Dias, Filippi, Jasparro, Jackson, Preiss, Blackburn, Richard and Walker were present.  The fire service was represented by Deputy State Fire Marshal Cynthia Dehler of the State Fire Marshals Office and Assistant Deputy State Fire Marshal Gregory Unsworth of the North Providence Fire Marshal's Office.  A motion was made by Commissioner Blackburn and seconded by Commissioner Walker 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 October 25, 2006 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the State Fire Marshal's Office and the North Providence Fire Marshals Office during the May 12, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the October 25, 2006 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, shall be understood to mean in accordance with the specific provisions related to the particular subject as are contained in the State Fire Code, or as approved in particular by the Authority Having Jurisdiction (the State Fire Marshal, his or her designated Deputy State Fire Marshals and/or Assistant Deputy State Fire Marshals).

CONCLUSIONS AND VARIANCE REQUESTS 
	1.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of the hearing in which to develop a plan of action for the installation of a local fire alarm system within this facility, at the direction and to the satisfaction of the State and North Providence Fire Marshal's office.  The Board hereby grants the Applicant an additional 120 days in which to implement the above plan of action, at the direction and to the satisfaction of the State and North Providence Fire Marshal's office.  Finally, the Board notes that the State and North Providence Fire Marshal's office shall have the authority to extend the above timelines, along with the remaining timelines in items 2, 3 and 4 of the decision, for good faith efforts shown by the Applicant.
	2.  The Board hereby grants the Applicant a time variance of thirty (30) days from the hearing date in order to present the State and North Providence Fire Marshal's office with a plan of action addressing the flame spread requirements outlined in deficiency 2.  The Board further grants the Applicant an additional 120 days in order to implement the above plan of action at the direction and to the satisfaction of the State and North Providence Fire Marshal's office.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the hearing date in which to develop a plan of action for the installation of emergency lighting outside of each of the four (4) exit doors of this facility.  The Board further grants the Applicant an additional 120 days in which to implement the above plan of action.
	4.  During the May 12, 2009 hearing on this matter, the fire service advised the Board that the Applicant needed time in order to install a key access box.  Accordingly, the Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in order to submit the plans for the box and an additional 120 days in order to install the key access box at the direction and to the satisfaction of the State and North Providence Fire Marshal's 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)].