The above-captioned case was scheduled for hearing on January 5, 2010 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Filippi, Pearson, Jasparro, Preiss, Dias and Walker were present.  The fire service was represented by Assistant Deputy State Fire Marshal Gordon Walsh of the North Kingstown Fire Marshals Office.  A motion was made by Commissioner Dias and seconded by Vice Chairman Newbrook 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 15, 2007 inspection report compiled by the North Kingstown Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the North Kingstown Fire Marshals Office during the January 5, 2010 hearing on this matter.  Accordingly, the Board hereby incorporates the February 15, 2007 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, 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 
	1-3.  The Board hereby grants the Applicant a time variance of thirty (30) days in order to develop a plan of action and 120 days in order to implement the plan of action in order to correct deficiencies 1, 2 and 3 at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.  
	4.  It is the understanding of the Board that deficiency 4 is not a violation of the code in that the exit signs within this facility are obvious.
	5.  The Board hereby grants a variance in order to allow the Applicant to utilize the existing fire escape in this facility providing that it is structurally sound.  In granting this relief, the Board further directs the Applicant to provide the fire escape with a covering in order to avoid the accumulation of ice and snow on the steps and further directs the Applicant to separate the above fire escape where it crosses over a bedroom roof by providing an approved layer of 5/8 sheetrock on the underside of the existing plaster of the bedroom roof.  The Applicant shall have thirty (30) days in order to submit plans for the above correction and an additional 120 days in order to implement those plans at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.
	6.  The Board hereby directs the Applicant to correct deficiency 6 within the timetables established in item 1 above.
	7.  The Board hereby directs the Applicant to correct deficiency 7 by treating the lower part of the wall with an approved Class A material at the direction and to the satisfaction of the North Kingstown Fire Marshal's office within the timetables outlined in item 1 above.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8.
	9.  It is the understanding of the Board that the Applicant has corrected deficiency 9.
	10.  It is the understanding of the Board that the Applicant is in the process of replacing the cited wood paneled doors with steel doors.  Accordingly, the Board hereby grants the Applicant the time outlined in item 1 above in order to finish correcting this deficiency.  The Board notes that the above doors shall be further equipped with approved spring loaded hinges or other self-closing devices, at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.
	11.  The Board hereby grants a variance in order to allow the Applicant to maintain a wood as opposed to a metal fire escape for this facility as modified above, with any additional modifications deemed necessary by the North Kingstown Fire Marshal's office.
	12.  The Board hereby directs the Applicant to correct deficiency 12 within the timetable outlined in item 1 above.
	13.  It is the understanding of the Board that deficiency 13 has been corrected.
	14.  It is the understanding of the Board that deficiency 14 has been corrected.
	15.  It is the understanding of the Board that deficiency 15 is moot in that it does not pertain to this particular building.

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)].