The above-captioned case was scheduled for hearing on December 2, 2008 at 1:00 P.M.  At that time, Chairman Coutu, Vice Chairman Newbrook and Commissioners Dias, Walker, Jasparro, Jackson, Preiss, Richard, Blackburn and Filippi were present.  The fire service was represented by Deputy State Fire Marshal Arthur DaCosta of the State Fire Marshals Office.  A motion was made by Commissioner Richard 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 June 20, 2007 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 December 2, 2008 hearing on this matter.  Accordingly, the Board hereby incorporates the June 20, 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 
	1-2.  It is the understanding of the Board that the Applicant has corrected deficiencies 1 and 2 at the direction and to the satisfaction of the State Fire Marshal's office.
	3.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiency 3 pursuant to a plan of action reviewed and approved by the State Fire Marshal's office.
	4.  It is the understanding of the Board that the Applicant has corrected deficiency 4 at the direction and to the satisfaction of the State Fire Marshal's office.
	5.  The Board hereby grants a variance from the provisions of section 7.2.2.2.1 and 29.2.2.3 in order to allow the Applicant to maintain the existing dimensions of the cited exit stairs within this facility.  
	6-12.  It is the understanding of the Board that the Applicant has corrected deficiencies 6, 7, 8, 9, 10, 11 and 12 at the direction and to the satisfaction of the State Fire Marshal's office.
	13.  It is the understanding of the Board that deficiency 13 is moot in the absence of a furnace in this facility.
	14.  It is the understanding of the Board that the Applicant has corrected deficiency 14 at the direction and to the satisfaction of the State Fire Marshal's office.
	15-18.  The Board hereby grants the Applicant a time variance until May 1, 2009 in order to correct deficiencies 15, 16, 17 and 18 at the direction and to the satisfaction of the State Fire Marshal's office in accordance with the plan of action approved by that office.  The Board further notes that the plan of action could include the sprinklering of this facility at the direction and to the satisfaction of the State Fire Marshal's office.
	19.  It is the understanding of the Board that the Applicant has corrected deficiency 19 at the direction and to the satisfaction of the State Fire Marshal's office.
	20.  The Board hereby maintains this file as an open file in the event the Applicant or the State Fire Marshal's office has additional questions or needs additional relief. 

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)].