The above-captioned case was scheduled for subcommittee hearing on October 15, 2008 at 10:30 A.M. in the New Shoreham Town Hall complex.  At that time, Acting Chairman Newbrook and Commissioners Dias, Blackburn and Walker were present.  Commissioner Filippi was present, but recused herself from consideration of this case and the other cases heard that day.  The fire service was represented by Deputy State Fire Marshal David Cionfolo of the State Fire Marshals Office.  A motion was made by Commissioner Walker and seconded by Commissioner Blackburn to grant the applicant the relief as outlined herein.  The motion was unanimous.
	The subcommittee recommendations made in the above captioned case were thereupon scheduled for review by the State Fire Board on October 21, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Blackburn, Preiss, Jackson, Walker, Pearson, Dias and Richard were present.  Commissioner Filippi recused herself from consideration of these cases.  Upon review of the subcommittee recommendations, a motion was made by Commissioner Pearson and seconded by Vice Chairman Newbrook to approve the subcommittee recommendations and grant the Applicants relief as outlined herein.  The motion was unanimous.

FINDINGS OF FACT
	The numbers of the Decision below correspond with those of an October 7, 2008 inspection report compiled by the State Fire Marshals Office.  The above report was utilized by the Board, the Applicant and the State Fire Marshals Office during the October 15, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the October 7, 2008 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.  

CONCLUSIONS AND VARIANCE REQUESTS 
	1-3.  The Board hereby grants the Applicant a time variance until May 1, 2009 in which to correct deficiencies 1, 2 and 3 at the direction and to the satisfaction of the State Fire Marshal's office.
	4-5.  It is the understanding of the Board that the Applicant has corrected deficiencies 4 and 5 at the direction and to the satisfaction of the State Fire Marshal's office.
	6-7.  The Board hereby grants the Applicant a time variance until May 1, 2009 in which to correct deficiencies 6 and 7 at the direction and to the satisfaction of the State Fire Marshal's office.
	8.  It is the understanding of the Board that the Applicant has corrected deficiency 8 at the direction and to the satisfaction of the State Fire Marshal's office.
	9.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiency 9 at the direction and to the satisfaction of the State Fire Marshal's office.
	10-11.  It is the understanding of the Board that the Applicant has corrected deficiencies 10 and 11 at the direction and to the satisfaction of the State Fire Marshal's office.
	12.  During the October 15, 2008 hearing on this matter, the Board was advised that the cited apartment unit was utilized by a single employee of the store.  The Board was further advised that the main entrance to the apartment was over a roof and that the secondary exit from the apartment was through the store to which the apartment occupant had full access.  In light of the limited occupancy and special nature of this situation, the Board hereby grants the Applicant a time variance in order to provide an improved initial means of egress to this apartment at the direction and to the satisfaction of the State Fire Marshal prior to the re-occupancy of the apartment.  In the event that the Applicants plan of action is not accepted by the State Fire Marshal's office, the Applicant may return to the Board for further review of this item.  Any relief granted in this area shall be limited to the Applicant restricting occupancy of the apartment unit to a single employee on a seasonal basis.
	13-14.  The Board hereby directs the Applicant to correct deficiencies 13 and 14 by developing a plan of action and submitting the same to the State Fire Marshal's office as outlined in item 12 above.  Again, if the Applicants plan of action is not accepted by the State Fire Marshal's office, the Applicant may return to the Board for review prior to re-occupancy of the apartment.

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 above approved subcommittee recommendations now have the status of a full Board Decision.  Pursuant to R.I.G.L. 23-28.3-5, if the Applicant is aggrieved by the approved subcommittee recommendations, the Applicant may appeal this Decision approving the subcommittee recommendations, within thirty (30) days of the mailing date below, by sending a request, to be heard before the entire Board, to the Fire Safety Code Board of Appeal & Review, One Regan Court, Cranston, RI  02920.