The above-captioned case was scheduled for hearing on July 14, 2009 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Richard, Blackburn, Preiss, Jackson, Jasparro, Walker, Filippi and Dias were present.  The fire service was represented by Assistant Deputy State Fire Marshal Timothy Griffin of the Lonsdale Fire Marshals Office along with Deputy State Fire Marshals Kaitlyn Foley and Christine Kent of the State Fire Marshal's Office.  A motion was made by Vice Chairman Newbrook and seconded by Commissioner Jasparro 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 April 21, 2009 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant, the Lonsdale Fire Marshal's Office and the State Fire Marshals Office during the July 14, 2009 hearing on this matter.  Accordingly, the Board hereby incorporates the April 21, 2009 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 a variance from the provisions of section 16.2.1 and 7.3.4.1 in order to allow the Applicant to maintain the cited 29 clear width chain link gate located from the parking lot to the front entrance of this facility.  In granting this relief, the Board notes that this is the main entrance/drop off point, but that the Applicant also has an alternative double gate from this area.  Further, it is the understanding of the Board that the Lonsdale Fire Marshal's office has no objection based on structural hardship.
	2.  The Board hereby grants a variance from the provisions of section 16.3.2.1 in order to allow the Applicant to maintain the cited unenclosed gas fired heating unit located above the ceiling tiles in this facility.  In granting this relief, it is the understanding of the Board that the above gas fired unit was installed in accordance with manufacturers specifications.  Accordingly, as a condition of this variance, the Board directs the Applicant to provide the Lonsdale Fire Marshal's office with documentation confirming that this unit was installed accordance with manufacturers specifications.  The Board hereby grants the Applicant a time variance of thirty (30) days from the July 14, 2009 hearing date in which to provide the Lonsdale Fire Marshal's office with the above documentation.

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)].