The above-captioned case was scheduled for hearing on June 30, 2009 at 1:00 P.M.  At that time Acting Chairman Newbrook and Commissioners Jackson, Jasparro, Pearson, Blackburn, Walker, Preiss, Dias and Filippi 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 Walker and seconded by Commissioners Filippi and Jackson 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 March 12, 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 June 30, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the March 12, 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, 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.  It is the understanding of the Board that the Applicant has corrected deficiency 1 at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.
	2.  The Applicant has reported that he has corrected deficiency 2.  Accordingly, it is the understanding of the Board that the Applicant has corrected deficiency 2 subject to re-inspection by the North Kingstown Fire Marshal's office.
	3.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop plans for the correction of deficiency 3 for the illumination of the means of egress.  The Board further grants the Applicant a time variance of 120 days from the above thirty-day period in order to implement the above plan at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.  
	4-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 4, 5, 6, 7, 8, 9, 10 and 11 at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.
	12.  The Board hereby grants the Applicant a time variance of thirty (30) days from the date of this decision in which to develop plans for the correction of deficiency 12 by providing the boiler with an approved remote shut-off switch.  The Board further grants the Applicant a time variance of 120 days from the above thirty-day period in order to implement the above plan at the direction and to the satisfaction of the North Kingstown Fire Marshal's office.  
	13.  It is the understanding of the Board that the Applicant has corrected deficiency 13.
	14.  During the June 30, 2009 hearing on this matter, the Board was advised that deficiency 14 has been partially corrected by the Applicant.  Accordingly, the Board hereby directs the Applicant to correct the remainder of deficiency 14 at the direction, to the satisfaction and within a timetable established by the North Kingstown Fire Marshal's office.
	15.  It is the understanding of the Board that deficiency 15 is moot.



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)].